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STATE v. CONSTANTINE

342 A.2d 735 (1975)

STATE of Maine v. David CONSTANTINE.

Supreme Judicial Court of Maine.

August 5, 1975.

Attorney(s) appearing for the Case

Thomas E. Delahanty, II, County Atty., Paul R. Dionne, Asst. County Atty., Auburn, for plaintiff.

Skelton, Taintor & Abbott, P. A., by Stephen P. Beale, Lewiston, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.

POMEROY, Justice.

Appellant was convicted of a violation of 17 M.R.S.A. § 3401-A (armed robbery). By this appeal he challenges the correctness of the conviction because, as he says,

(1) by their own testimony the victims established that they were not placed in fear, and

(2) there was no evidence that there was a taking of property "from the person" of the victims.

We deny the appeal.

The indictment charged that the defendant and...

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