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STATE v. GERVAIS

394 A.2d 1183 (1978)

STATE of Maine v. James P. GERVAIS.

Supreme Judicial Court of Maine.

December 6, 1978.

Attorney(s) appearing for the Case

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

Dunlap, Wood & O'Brien by Gary C. Wood (orally), Portland, for defendant.

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

WERNICK, Justice.

A two count indictment returned on March 8, 1977 accused defendant James P. Gervais of having committed, on or about February 15, 1977, the crimes of Burglary in violation of 17-A M.R.S.A. § 401 (Class B) and Theft in violation of 17-A M.R.S.A. § 353 (Class C). The charges arose from a burglary perpetrated on February 15, 1977 at the home of Richard and Bonnie Anderson in Falmouth, Maine. Defendant was tried before a jury in the middle...

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