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STATE v. CYR

588 A.2d 753 (1991)

STATE of Maine v. James CYR.

Supreme Judicial Court of Maine.

Decided April 4, 1991.

Attorney(s) appearing for the Case

Janet Mills, Dist. Atty., Patricia Mador (orally), Asst. Dist. Atty., Auburn, for plaintiff.

Peter B. Bickerman (orally), Lipman & Katz, Augusta, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, CLIFFORD, COLLINS and BRODY, JJ.

CLIFFORD, Justice.

The State appeals from a judgment of the Superior Court (Androscoggin County, Alexander, J.) dismissing an indictment charging James Cyr with arson (17-A M.R. S.A. § 802(1)(B) (1983 & Supp.1990)) because of prejudicial preindictment delay. On appeal, the State contends that the court's finding that the preindictment delay caused actual and unjustifiable prejudice is clearly erroneous. The State also contends that the court erroneously...

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