STATE v. HANSON


331 A.2d 375 (1975)

STATE of Maine v. Peter R. HANSON.

Supreme Judicial Court of Maine.

January 23, 1975.


Attorney(s) appearing for the Case

Henry N. Berry, III, County Atty., Peter G. Ballou, Asst. Atty. Gen., Portland, for plaintiff.

Lowry & Platt by Donald Grey Lowry, Robert D. Platt, Portland, for defendant.

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


WERNICK, Justice.

Maine jurisprudence has long adhered to the principle that if a motion for judgment of acquittal filed at the conclusion of the State's case in chief has been overruled and defendant proceeds to present evidence in his own behalf, defendant "waives" the issue of the sufficiency of the State's prima facie case; thereafter, the adequacy of the evidence to justify conviction is open to challenge only as tested by the totality of the evidence...

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