STATE v. BALDWIN


305 A.2d 555 (1973)

STATE of Maine v. David P. BALDWIN et al.

Supreme Judicial Court of Maine.

June 6, 1973.


Attorney(s) appearing for the Case

Ronald E. Ayotte, County Atty., Biddeford, for plaintiff.

Harry S. Littlefield, Wells Beach, Daniel G. Lilley, Portland, Basil L. Kellis, Sanford, for defendants.

Before DuFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY and ARCHIBALD, JJ.


POMEROY, Justice.

This appeal from a judgment entered upon a finding of guilty of the crime of rape (17 M.R.S.A. § 3151) raises an important issue of first impression in this State.

The trial was held before a single Justice of the Superior Court, a trial by jury having been waived.

Although several points of appeal are noted and were argued before us, we find one issue determinative of the appeal.

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