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STATE v. LINSCOTT

416 A.2d 255 (1980)

STATE of Maine v. Kenneth LINSCOTT.

Supreme Judicial Court of Maine.

Decided July 1, 1980.

Attorney(s) appearing for the Case

John Atwood, Dist. Atty. (orally), Rockland, for plaintiff.

Strout, Payson, Pellicani, Cloutier, Hokkanen & Strong by James Strong (orally), Rockland, for defendant.

Before GODFREY, NICHOLS, GLASSMAN and ROBERTS, JJ., and DUFRESNE, A. R. J.

GLASSMAN, Justice.

The defendant, Kenneth Linscott, appeals from a judgment of the Superior Court, Knox County, following a jury trial, adjudging him guilty of arson, 17-A M.R.S.A. § 802. The primary issue raised on this appeal is whether, by reason of two prior trials ending in mistrials, the defendant has been twice in jeopardy in violation of the double-jeopardy clauses of the Maine and United States Constitutions. We vacate the judgment of conviction.

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