STATE v. LEBRETON


364 A.2d 645 (1976)

STATE of Maine v. Herbert LEBRETON.

Supreme Judicial Court of Maine.

October 8, 1976.


Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Bangor, for plaintiff.

Paine, Lynch & Weatherbee, by Errol K. Paine, Peter M. Weatherbee, Bangor, for defendant.

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


WERNICK, Justice.

Tried before a jury in the Superior Court (Penobscot County) on May 7, 8, 1975, defendant Herbert Lebreton was found guilty of having operated a motor vehicle, on December 5, 1974, while under the influence of alcohol (in violation of 29 M.R.S.A. § 1312-10-A).

We sustain defendant's appeal from the judgment of conviction because, notwithstanding appropriate objections by counsel for defendant, the presiding Justice gave the jury prejudicially...

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