STATE v. KELLEY


357 A.2d 890 (1976)

STATE of Maine v. Gary L. KELLEY.

Supreme Judicial Court of Maine.

May 26, 1976.


Attorney(s) appearing for the Case

Joseph M. Jabar, Dist. Atty., J. William Batten, Asst. Dist. Atty., Augusta, for plaintiff.

Wathen & Wathen by Jessie H. Briggs, Daniel E. Wathen, Augusta, for defendant.

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


DELAHANTY, Justice.

This is an appeal by the defendant, Gary L. Kelley, from his conviction of the crime of rape1 by a Kennebec County jury. We deny the appeal.

We will consider severally the five errors asserted by the defendant.

I.

At the close of all the evidence, the defendant moved for a judgment of acquittal, M.R.Crim.P. 29(a), thereby preserving for appellate review the issue of "whether, in view of all...

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