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STATE v. MORGAN

379 A.2d 728 (1977)

STATE of Maine v. Wilmont MORGAN.

Supreme Judicial Court of Maine.

November 10, 1977.

Attorney(s) appearing for the Case

Henry N. Berry, III, Dist. Atty., Peter G. Ballou, Deputy Dist. Atty., Jeffrey Albanese, Law Student, Portland, for plaintiff.

Ellsworth T. Rundlett, III, Franklin F. Stearns, Jr., Portland, for defendant.

Before POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.

ARCHIBALD, Justice.

Wilmont Morgan was charged by indictment with the Class A crime of gross sexual misconduct in violation of 17-A M.R.S.A. § 253(1)(B), which provides:

"A person is guilty of gross sexual misconduct 1. If he engages in a sexual act with another person, not his spouse, and . . . . . B. The other person has not in fact attained his 14th birthday . . .."

Morgan waived a jury trial. Rule 23(a), M.R...

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