STATE v. LIBBY


410 A.2d 562 (1980)

STATE of Maine v. Harley LIBBY and Stephen Yates.

Supreme Judicial Court of Maine.

February 5, 1980.


Attorney(s) appearing for the Case

John McElwee, Dist. Atty., Alan F. Harding (orally), Asst. Dist. Atty., Houlton, for plaintiff.

Severson & Hand, Daniel R. Nelson (orally), Houlton, for defendant.

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


GLASSMAN, Justice.

Following a consolidated jury trial in the Superior Court, Aroostook County, each defendant was convicted of one count of arson in violation of 17-A M.R.S.A. § 802(1)(A) and one count of criminal mischief in violation of 17-A M.R.S.A. § 806(1)(A). Both defendants appealed, contending that the attorney for the State improperly commented on their failure to testify. We set aside the judgments.

During his final argument to the jury...

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