STATE v. BOYD


401 A.2d 157 (1979)

STATE of Maine v. Ralph BOYD.

Supreme Judicial Court of Maine.

May 3, 1979.


Attorney(s) appearing for the Case

Charles K. Leadbetter (orally), Asst. Atty. Gen., Augusta, for plaintiff.

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

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


ARCHIBALD, Justice.

Ralph Boyd was tried before a jury and convicted of robbery. 17-A M.R.S.A. § 651 (1975). Because evidence was admitted over objection and because the prosecutor on two occasions was guilty of impermissible argument, coupled with an improper comment by the presiding justice in ruling on an objection, Boyd contends on appeal that he did not receive a fair trial. We agree and sustain the appeal.

On January 18, 1978, at about 10:30 a....

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