STATE v. DILL


366 A.2d 861 (1976)

STATE of Maine v. James E. DILL.

Supreme Judicial Court of Maine.

December 6, 1976.


Attorney(s) appearing for the Case

Thomas E. Delahanty, Jr., Dist. Atty., Herbert Bunker, Asst. Dist. Atty., Auburn, for plaintiff.

Isaacson & Isaacson by Robert S. Hark, Lewiston, for defendant.

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


GODFREY, Justice.

Two questions of substance are presented by this appeal: first, the sufficiency of the indictment under which defendant was convicted after a jury-waived trial, and, second, the effect of a certain variance between the indictment and the proof submitted by the State.

The indictment, purporting by its caption to be one for "violation of 17 M. R.S.A. § 1601 (selling mortgaged property)", charged Dill in the following language:

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