STATE v. McDONOUGH


350 A.2d 556 (1976)

STATE of Maine v. John McDONOUGH.

Supreme Judicial Court of Maine.

January 12, 1976.


Attorney(s) appearing for the Case

Henry N. Berry III, Dist. Atty., Richard J. Kelly, Peter G. Ballou, Asst. Dist. Attys., Portland, Alvaro Smith-Ruiz, Law Student, for plaintiff.

Bennett, Kelly & Zimmerman, by Peter J. DeTroy III, Portland, for defendant.

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


WEATHERBEE, Justice.

On March 4, 1974, at approximately 8:30 P. M., a man masked by a nylon stocking entered the P & J variety store in Portland, Maine. His right arm was extended and his hand was covered by a newspaper. The only other person in the store was a clerk, whom the masked man ordered to empty the cash drawer. After the robber fled with the proceeds of his crime, the clerk notified the police and identified...

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