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STATE v. McNAMARA

382 A.2d 864 (1978)

STATE of Maine v. Dennis McNAMARA.

Supreme Judicial Court of Maine.

February 22, 1978.

Attorney(s) appearing for the Case

Henry N. Berry, III, Dist. Atty., Peter G. Ballou (orally), Deputy Dist. Atty., Portland, for plaintiff.

Ricky L. Brunette (orally), Portland, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

ARCHIBALD, Justice.

Following a jury trial the defendant was convicted of rape. 17-A M.R.S.A. § 252(1)(B)(1).1 On appeal he argued (1) insufficiency of the evidence, and (2) a prejudicial omission in the jury instructions.

Since the defendant made no motion for judgment of acquittal when the evidence was closed (Rule 29(a), M.R.Crim.P.), nor a motion for judgment n.o.v. following the verdict of guilty (Rule 29(b), M.R.Crim...

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