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STATE v. COLLINS

416 A.2d 732 (1980)

STATE of Maine v. Merwin COLLINS, III.

Supreme Judicial Court of Maine.

Decided July 16, 1980.

Attorney(s) appearing for the Case

David W. Crook (orally), Dist. Atty., Skowhegan, for plaintiff.

Nale & Nale, John E. Nale (orally), Waterville, for defendant.

Before McKUSICK, C. J., and GODFREY, NICHOLS, GLASSMAN and ROBERTS, JJ.

NICHOLS, Justice.

Following a jury trial in Superior Court in Somerset County the Defendant, Merwin Collins III, was adjudged guilty of burglary (17-A M.R.S.A. § 401). He thereafter filed a motion for a new trial on the ground of newly discovered evidence, pursuant to M.R.Crim.P. 33, asserting that the recantation of trial testimony subsequent to trial and conviction by a key witness called by the State entitled him to a new trial. The Superior Court denied that...

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