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STATE v. PHILLIPO

623 A.2d 1265 (1993)

STATE of Maine v. Charles PHILLIPO.

Supreme Judicial Court of Maine.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Stephanie Anderson, Dist. Atty., Jane Elizabeth Lee, Asst. Dist. Atty., Portland, for the State.

Matthew B. Nichols, Boulos & Gardner, Biddeford, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.

CLIFFORD, Justice.

Charles Phillipo appeals from a judgment of conviction of gross sexual assault (Class A), 17-A M.R.S.A. § 253(1)(B) (Supp.1992),1 following a jury trial in the Superior Court (Cumberland County, Brennan, J.). Phillipo contends that the court erred by admitting the out-of-court statements of the victim and her brother. Because we agree that the testimony was improperly admitted and that the error was not harmless...

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