STATE v. GERVAIS


317 A.2d 796 (1974)

STATE of Maine v. James Pearly GERVAIS.

Supreme Judicial Court of Maine.

April 9, 1974.


Attorney(s) appearing for the Case

Peter G. Ballou, Asst. County Atty., Arthur A. Stilphen, Asst. Atty. Gen., Portland, for plaintiff.

Daniel G. Lilley, Portland, for defendant.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, WERNICK and ARCHIBALD, JJ.


DUFRESNE, Chief Justice.

On October 23, 1971 James P. Gervais, the defendant, was convicted by a Cumberland County jury of the crime of assault with intent to kill while armed with a dangerous weapon, in violation of 17 M.R.S. A., § 2656,1 the victim of the assault being one Harold Sargent. Sentenced to a term in Maine State Prison of not less than 5 years and not more than 20 years, the defendant appealed from the judgment, raising...

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