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STATE v. ROBERTS

406 A.2d 413 (1979)

STATE of Maine v. Robert G. ROBERTS.

Supreme Judicial Court of Maine.

October 5, 1979.

Attorney(s) appearing for the Case

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

Little & Watkinson, Harris R. Bullerwell, Rockland (orally), for defendant.

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

PER CURIAM.

The defendant, Robert G. Roberts, was indicted in the Superior Court (Knox County) for the Class A crime of gross sexual misconduct, allegedly committed upon an eight-year-old boy on January 10, 1979, at Rockland.

A person is guilty of of gross sexual misconduct if he engages in a sexual act with another person, not his spouse, and the other person has not in fact attained his 14th birthday. 17-A M.R.S.A. § 253(1) (Supp.1978).

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