STATE v. HEBERT


455 A.2d 925 (1983)

STATE of Maine v. Edmond H. HEBERT.

Supreme Judicial Court of Maine.

Decided February 1, 1983.


Attorney(s) appearing for the Case

Janet T. Mills, Dist. Atty., Geoffrey Rushlau, Asst. Dist. Atty. (orally), Auburn, for plaintiff.

Ronald P. Lebel (orally), Rocheleau, Fournier & Lebel, P.A., Lewiston, for defendant.

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


CARTER, Justice.

After a trial in Superior Court (Androscoggin County), the jury found the defendant guilty of Gross Sexual Misconduct, 17-A M.R.S.A. § 253 (1982). Because we find that the justice's refusal to comply with the jurors' request to read back a portion of the testimony constitutes reversible error in the trial proceedings, we vacate the conviction.

The prosecutrix, the defendant's nine-year-old daughter, offered testimony that suggested that...

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