STATE v. THURLOW


414 A.2d 1241 (1980)

STATE of Maine v. Frederick L. THURLOW.

Supreme Judicial Court of Maine.

Decided June 3, 1980.


Attorney(s) appearing for the Case

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

Glassman, Beagle & Ridge by C. Alan Beagle, Portland (orally), for defendant.

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


GODFREY, Justice.

Defendant was convicted of burglary, Class C, 17-A M.R.S.A. § 401, after a jury trial in the Superior Court, Cumberland County. On appeal, defendant asserts that the presiding justice should have granted a mistrial because of the prosecutor's violation of the automatic discovery rule, M.R. Crim.P. 16(a). The state contends that the violation was harmless. Because we consider the violation to have been prejudicial, we sustain defendant's appeal...

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