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STATE v. FOLEY

366 A.2d 172 (1976)

STATE of Maine v. John E. FOLEY.

Supreme Judicial Court of Maine.

November 15, 1976.

Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Paul W. Chaiken, Eugene W. Beaulieu, Asst. Dist. Attys., Bangor, for plaintiff.

Blanchard & Blanchard by Albert C. Blanchard, Bangor, for defendant.

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

WERNICK, Justice.

Charged with having operated a motor vehicle while under the influence of intoxicating liquor (29 M.R.S.A. § 1312-A), defendant John E. Foley was on trial before a jury when, on July 17, 1975, the presiding Justice declared a mistrial. Then, on July 30, all parties agreeing and having stipulated the facts, the presiding Justice ordered the case reported (Rule 37A M.R. Crim.P.) for this Court's decision of issues

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