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STATE v. SPRAGUE

394 A.2d 253 (1978)

STATE of Maine v. Henry SPRAGUE.

Supreme Judicial Court of Maine.

November 8, 1978.

Attorney(s) appearing for the Case

Rae Ann French (orally), Vernon Arey, Asst. Attys. Gen., Augusta, for plaintiff.

Craig E. Turner (orally), South Paris, for defendant.

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

McKUSICK, Chief Justice.

Defendant Henry Sprague appeals from his conviction for homicide in the second degree under former 17-A M.R.S.A. § 202(1)(A)1 (repealed and replaced by P.L. 1977, ch. 510, § 39) on the following grounds: (1) the presiding justice erred in admitting certain evidence under the "dying declaration" exception to the hearsay rule; (2) the evidence was insufficient...

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