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STATE v. WILLETTE

402 A.2d 476 (1979)

STATE of Maine v. Roger WILLETTE.

Supreme Judicial Court of Maine.

June 13, 1979.

Attorney(s) appearing for the Case

Henry N. Berry, III, Dist. Atty., Peter G. Ballou (orally), Deputy Dist. Atty., Portland, George Schelling, Law Student, for plaintiff.

Pinansky & Schwartz by Jack L. Schwartz (orally), David M. Pinansky, Portland, for defendant.

Before McKUSICK, C. J., POMEROY, ARCHIBALD, DELAHANTY and GODFREY, JJ., and DUFRESNE, A. R. J.

GODFREY, Justice.

Defendant Roger Willette was indicted for second degree arson (17 M.R.S.A. § 161) by a Cumberland County grand jury. His first trial ended in a hung jury and a mistrial. Defendant was retried, found guilty by verdict of a Superior Court jury, and now appeals from the judgment of conviction. We sustain the appeal.

The State has filed a motion in this Court to dismiss the appeal because the defendant did not comply with Rule 37, M.R.Crim...

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