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STATE v. BRASSLETT

452 A.2d 973 (1982)

STATE of Maine v. Warren BRASSLETT and Leon Maloon.

Supreme Judicial Court of Maine.

Decided November 29, 1982.

Attorney(s) appearing for the Case

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

Gross, Minsky, Mogul & Singal, P.A., Carl Rella, Bangor, for Warren Brasslett.

Hall, DeSanctis & Schultz, Julio DeSanctis, III (orally), Bangor, for Leon Maloon.

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

MEMORANDUM OF DECISION.

Defendants appeal from their convictions for criminal mischief, 17-A M.R.S.A. § 806, following a jury trial in Superior or Court, Penobscot County. They contend that the presiding justice erred in refusing to give their requested instruction on a "competing harms" defense and abused his sentencing discretion.

In State v. Kee, 398 A.2d 384 (Me.1979), we stated that,

[b]ecause it...

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