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STATE v. PHILBRICK

436 A.2d 844 (1981)

STATE of Maine v. Leland B. PHILBRICK.

Supreme Judicial Court of Maine.

Decided October 27, 1981.

Attorney(s) appearing for the Case

Charles K. Leadbetter (orally), William R. Stokes, Wayne S. Moss, Asst. Attys. Gen., Augusta, for plaintiff.

Smith & Elliott, P.A., Terrence D. Garmey (orally), Stephen R. Lamson, Karen B. Lovell, Peter W. Schroeter, Saco, Willard, Kellis & Wood, George F. Wood (orally), Sanford, for defendant.

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

DUFRESNE, Active Retired Justice.

Indicted September 8, 1977 on a single count of criminal homicide in the 2nd degree (17-A M.R.S.A. § 202(1)(A) (Supp. 1976),1 the defendant, Leland Philbrick, was originally tried for and adjudged guilty of that crime by a Superior Court jury in York County in January, 1978. On appeal his conviction was set aside for error of the presiding justice in refusing to give the jury Philbrick's requested...

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