STATE v. FOGG


410 A.2d 548 (1980)

STATE of Maine v. Rick FOGG.

Supreme Judicial Court of Maine.

January 29, 1980.


Attorney(s) appearing for the Case

G. Arthur Brennan, Dist. Atty., Joseph A. Wannemacher, Asst. Dist. Atty. (orally), Anita St. Onge, Law Student, Alfred, for plaintiff.

Brown & Fitzpatrick, by James J. Fitzpatrick (orally), Portsmouth, for defendant.

Before McKUSICK, C. J., WERNICK, GODFREY and GLASSMAN, JJ., and DUFRESNE, A. R. J.


McKUSICK, Chief Justice.

Defendant Rick Fogg appeals from a judgment of conviction entered May 15, 1979, in the Superior Court, York County, on the verdict of a jury finding him guilty of burglary in violation of 17-A M.R.S.A. § 401. Defendant's sole claim is that Robert Presby, a confederate in the burglary, should not have been permitted to testify at trial because his testimony was the fruit of the poisonous tree of his unlawful arrest.

We deny the...

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