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STATE v. COLSON

405 A.2d 717 (1979)

STATE of Maine v. Robert James COLSON.

Supreme Judicial Court of Maine.

August 31, 1979.

Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Gary F. Thorne (orally), Asst. Dist. Atty., Bangor, for plaintiff.

Mitchell, Ballou & Keith by Peter M. Weatherbee (orally), Bangor, for defendant.

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

McKUSICK, Chief Justice.

The indictment brought under 17-A M.R. S.A. § 252 (Supp.1978) charged that defendant "Robert James Colson did by force and against her will compel [the prosecutrix] to engage in sexual intercourse, [the prosecutrix] not being his spouse." This indictment tracked the language of subsection (1)B(1) of the rape statute, which defines one form of compulsion to submit to sexual intercourse as being that exerted "by force and against the person...

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