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STATE v. SMITH

435 A.2d 408 (1981)

STATE of Maine v. Roger A. SMITH.

Supreme Judicial Court of Maine.

Decided October 5, 1981.

Attorney(s) appearing for the Case

David M. Cox, Dist. Atty., Gary F. Thorne, Asst. Dist. Atty. (orally), Bangor, for plaintiff.

Julio DeSanctis (orally), Hall, DeSanctis & Schultz, Bangor, for defendant.

Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.

McKUSICK, Chief Justice.

Defendant Roger Smith appeals his convictions by a jury in Superior Court, Penobscot County, of burglary (Class C)1 and unauthorized use of property (Class D). See 17-A M.R.S.A. §§ 401(2)(C), 360 (Supp. 1980). We find no merit in either of defendant's two claims of error.

I.

We first reject his assertion that a fatal variance existed between the indictments and the trial evidence...

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