STATE v. JOHNSON


472 A.2d 1367 (1984)

STATE of Maine v. Jerald JOHNSON and Dominic Profenno.

Supreme Judicial Court of Maine.

Decided March 2, 1984.


Attorney(s) appearing for the Case

Charles K. Leadbetter, Frederick C. Moore, Anita M. St. Onge (orally), Michael N. Westcott, Pasquale, J. Perrino, Asst. Attys. Gen., Augusta, for plaintiff.

Alan R. Nye (orally), Portland, for Jerald Johnson.

Law Offices of Daniel Lilley, E. Paul Eggert (orally), Portland, for Dominic Profenno.

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


SCOLNIK, Justice.

Defendants Jerald Johnson and Dominic Profenno appeal from their respective convictions of murder and attempted murder, 17-A M.R.S.A. §§ 201, 152, resulting from a jury trial in Superior Court (Cumberland County). On appeal, they argue that the presiding justice committed error in 1) denying a motion by Profenno to sever the two trials, 2) excluding testimony by the defendants' roommate regarding a possible inference from silence, 3) admitting...

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