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STATE v. BENNER

654 A.2d 435 (1995)

STATE of Maine v. David BENNER.

Supreme Judicial Court of Maine.

Decided February 10, 1995.

Attorney(s) appearing for the Case

Michael Povich, Dist. Atty., Patricia A. Mador, Asst. Dist. Atty., Machias, for the State.

Jeffrey C. Toothaker, Toothaker & Chong, Ellsworth, for defendant.

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

CLIFFORD, Justice.

David Benner appeals from a conviction for assault, 17-A M.R.S.A. § 207 (1983 & Supp.1994),1 following a jury trial in Superior Court (Washington County, Mills, J.). On appeal Benner contends, inter alia, that the trial court erred in giving a cautionary instruction on how the jury should consider the hearsay testimony of the investigating state trooper, and that there was insufficient evidence...

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