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STATE v. GAUTHIER

939 A.2d 77 (2007)

2007 ME 156

STATE of Maine v. Gary R. GAUTHIER. and State of Maine v. Thomas J. Dyer.

Supreme Judicial Court of Maine.

Decided: December 27, 2007.

Attorney(s) appearing for the Case

G. Steven Rowe, Atty. Gen., Donald W. Macomber, Asst. Atty. Gen. (orally), Augusta, for State.

George A. Hess (orally), Hess Law Firm, Lewiston, Robert Smith (orally), Westbrook, for defendants.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, and MEAD, JJ.

ALEXANDER, J.

[¶ 1] Gary R. Gauthier and Thomas J. Dyer appeal from judgments entered in the Superior Court (Androscoggin County, Delahanty, J.) upon a jury verdict, finding each guilty of one count of murder, 17-A M.R.S. § 201(1)(A), (B) (2006). Gauthier and Dyer assert that (1) the court erred in instructing the jury that it could find each guilty if it found that he killed James Graffam "and/or" John Vining; and (2) the court's instructions to...

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