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STATE v. FITZHERBERT

361 A.2d 916 (1976)

STATE of Maine v. Edward L. FITZHERBERT.

Supreme Judicial Court of Maine.

August 2, 1976.

Attorney(s) appearing for the Case

Charles K. Leadbetter, Asst. Atty. Gen., Joseph M. Jabar, Dist. Atty., Augusta, for plaintiff.

Gaston M. Dumais, Lewiston, for defendant.

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

WERNICK, Justice.

On April 15, 1975 a Superior Court jury (Kennebec County) found defendant Edward L. Fitzherbert guilty of having committed the crime of "breaking, entering and larceny" in violation of 17 M.R.S.A. § 2103.1

The indictment, returned on October 2, 1974, alleged in respects here relevant that defendant

". . . on or about the second day of May A.D. 1974, at Rome, . . . Maine, in the day time of said day...

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