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STATE v. SMITH

451 A.2d 653 (1982)

STATE of Maine v. Maurice SMITH.

Supreme Judicial Court of Maine.

Decided October 22, 1982.

Attorney(s) appearing for the Case

Janet T. Mills, Dist. Atty., J. Scott Davis, Asst. Dist. Atty. (orally), South Paris, for plaintiff.

Berman, Simmons, Laskoff & Goldberg, Jeffrey Rosenblatt (orally), Lewiston, for defendant.

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

MEMORANDUM OF DECISION.

After jury trial upon an indictment charging aggravated assault (Class B), 17-A M.R.S.A. § 208 (1980), Maurice Smith was found guilty of the lesser included offense of assault (Class D), 17-A M.R.S.A. § 207 (1980). The only issues presented on appeal relate to Smith's claim that the prosecutor's closing argument included impermissible comment upon the election of the defendant not to testify and his claim that the prosecutor's closing...

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