STATE v. CREAMER


473 A.2d 882 (1984)

STATE of Maine v. Carl Craig CREAMER.

Supreme Judicial Court of Maine.

Decided April 5, 1984.


Attorney(s) appearing for the Case

John R. Atwood, Dist. Atty., Patricia G. Worth (orally), Asst. Dist. Atty., Rockland, for plaintiff.

Harmon, Jones & Sanford, Robert C. Perkins (orally), Camden, for defendant.

Before McKUSICK, C.J., and ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.


ROBERTS, Justice.

On appeal Carl Craig Creamer challenges only the sufficiency of evidence that he used a dangerous weapon to commit criminal threatening, 17-A M.R.S.A. § 209, thereby to enhance the sentencing class from D to C pursuant to 17-A M.R.S.A. § 1252(4). Because we conclude that the indictment phrase "while armed with a dangerous weapon" is not, in the circumstances of this case, the equivalent of the statutory phrase "with the use of a dangerous...

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