STATE v. HICKEY


459 A.2d 573 (1983)

STATE of Maine v. Cynthia HICKEY.

Supreme Judicial Court of Maine.

Reargued March 14, 1983.

Decided April 26, 1983.


Attorney(s) appearing for the Case

Charles K. Leadbetter (orally), Frederick C. Moore, Asst. Attys. Gen., Augusta, for plaintiff.

Judith R. Potter, University of Maine School of Law, Portland (orally), for defendant.

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


CARTER, Justice.

A Superior Court (Cumberland County) justice granted defendant's motion to compel the State to elect between proceeding against the defendant on a charge of intentional murder, 17-A M.R.S.A. § 201(1)(A) (1983) or depraved indifference murder, 17-A M.R.S.A. § 201(1)(B) (1983). The State appeals that order pursuant to 15 M.R.S.A. § 2115-A(1) (Supp.1982-1983) and M.R.Crim.P. 37B. We sustain the appeal.

In November, 1981, the grand...

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