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STATE v. COTE

362 A.2d 174 (1976)

STATE of Maine v. Ronald J. COTE.

Supreme Judicial Court of Maine.

July 30, 1976.

Attorney(s) appearing for the Case

Fernand R. LaRochelle, Asst. Atty. Gen., Augusta, for plaintiff.

James J. Shirley, Sanford, for defendant.

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

ARCHIBALD, Justice.

Ronald J. Cote was indicted by the York County grand jury for the felonious homicide punishable as murder but after a jury trial he was convicted of the lesser included offense of manslaughter, from which conviction he has appealed. Mr. Cote assigns error in his conviction premised on two arguments, (1) the presiding Justice did not instruct the jury that assault and battery is a lesser included offense within the crime of manslaughter, and (2...

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