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STATE v. PHILBRICK

402 A.2d 59 (1979)

STATE of Maine v. Leland PHILBRICK.

Supreme Judicial Court of Maine.

June 5, 1979.

Attorney(s) appearing for the Case

Charles K. Leadbetter (orally), Michael D. Seitzinger, Asst. Attys. Gen., Augusta, for plaintiff.

Smith, Elliott, Wood & Nelson by George F. Wood (orally), Terrence D. Garmey, Saco, for defendant.

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

POMEROY, Justice.

Indicted on September 8, 1977 on a single count of criminal homicide in the second degree (17-A M.R.S.A. § 202(1)(A) (Supp. 1976),1 defendant, Leland Philbrick, was tried before and adjudged guilty by a jury in the Superior Court, York County. From the judgment entered on the verdict, defendant brings this appeal.

We sustain the appeal.

At trial, defendant related the following sequence of events...

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