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STATE v. FIXARIS

327 A.2d 850 (1974)

STATE of Maine v. Richard J. FIXARIS.

Supreme Judicial Court of Maine.

November 7, 1974.

Attorney(s) appearing for the Case

Arthur B. Kettle, Lawrence J. Zuckerman, Asst. Attus., Gen., Portland, Robert S. Raymond, Asst. Atty. Gen., Augusta, for plaintiff.

Norman S. Reef, Daniel W. Mooers, Portland, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.

POMEROY, Justice.

Does the provision, "Nothing in this section shall be interpreted to prohibit a court from filing a case upon payment of costs without a conviction.", which is found in 4 M.R.S.A. 173(1), authorize a District Court Judge to "file" a case before plea over the objection of the State so as to permanently terminate its prosecution?

A District Court Judge concluded it did.

He thereupon attempted to do just that.

Nearly four...

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