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STATE v. GATCOMB

478 A.2d 1129 (1984)

STATE of Maine v. Kenneth GATCOMB.

Supreme Judicial Court of Maine.

Decided August 1, 1984.

Attorney(s) appearing for the Case

Michael E. Povich, Dist. Atty., Richard G. Bergeron (orally) Asst. Dist. Atty., Ellsworth, for plaintiff.

Vafiades, Brountas & Kominsky, Lewis V. Vafiades, Jeffrey L. Hjelm (orally), Bangor, for defendant.

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

GLASSMAN, Justice.

Kenneth Gatcomb appeals from an order entered January 3, 1984 which denied his motion for a new trial filed July 21, 1983, pursuant to M.R.Crim.P. 33, alleging he was not tried by an impartial jury. Finding the Superior Court should not have entertained the motion, we vacate the order.

On January 28, 1983, judgment was entered against the defendant, following a jury trial in the Superior Court, Hancock County, in which he was found guilty...

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