STATE v. EIRBY


663 A.2d 36 (1995)

STATE of Maine v. Lee EIRBY.

Supreme Judicial Court of Maine.

Decided July 31, 1995.


Attorney(s) appearing for the Case

Norman R. Croteau, Dist. Atty., Craig E. Turner, Deputy Dist. Atty., Auburn, for State.

Justin W. Leary, Laskoff & Sharon, Lewiston, for defendant.

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


CLIFFORD, Justice.

Lee Eirby appeals from a judgment of conviction for aggravated assault, 17-A M.R.S.A. § 208 (1983), entered in the Superior Court (Androscoggin County, Alexander, J.) following a jury trial. He contends that the court erred in excluding as hearsay a racially derogatory statement made by the victim's foster brother. Although the court mischaracterized the evidence as hearsay, its exclusion in the circumstances of this case was harmless...

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