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STATE v. ROWE

453 A.2d 134 (1982)

STATE of Maine v. Ronald ROWE and Mark Thurston.

Supreme Judicial Court of Maine.

Decided December 6, 1982.

Attorney(s) appearing for the Case

Henry N. Berry, III, Dist. Atty., Daniel W. Bates (orally), Asst. Dist. Atty., Andrew Siket, Law Student Intern, Portland, for plaintiff.

Kettle, Carter, Hannigan & Vickerson, William L. Vickerson (orally), Portland, for Ronald Rowe.

Charles J. Kahill (orally), South Portland, for Mark Thurston.

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

CARTER, Justice.

After a trial in Superior Court (Cumberland County), a jury found the defendants guilty of Theft, Class C, 17-A M.R.S.A. §§ 353 & 362(3)(A) (1982). On appeal, the defendants raise as issues (1) the validity of a vehicular stop resulting in observation by a police officer of evidence in the defendants' vehicle and (2) the adequacy of the trial justice's instructions to the jury. Because we find that the presiding justice committed reversible...

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