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STATE v. TERRELL

402 A.2d 483 (1979)

STATE of Maine v. Ralph Edward TERRELL.

Supreme Judicial Court of Maine.

June 14, 1979.

Attorney(s) appearing for the Case

John McElwee, Dist. Atty., Thomas L. Goodwin, Deputy Dist. Atty. (orally), Houlton, for plaintiff.

Stewart, Griffiths & Quigley by David J. Edgar (orally), Houlton, for defendant.

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

MEMORANDUM OF DECISION.

Defendant Ralph Edward Terrell was convicted of gross sexual misconduct in violation of 17-A M.R.S.A. § 253 (Supp.1978). On appeal, defendant argues and the State concedes that the State failed to prove beyond a reasonable doubt that defendant committed the requisite "sexual act" as defined by 17-A M.R.S.A. § 251(1)(C). We agree. The defendant's conviction based on the indictment for gross sexual misconduct cannot stand.

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