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STATE v. GAGNON

379 A.2d 395 (1977)

STATE of Maine v. David A. GAGNON.

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., Michael Messerschmidt, Law Student (orally), Portland, for plaintiff.

Brian R. Olson, North Windham (orally), for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.

ARCHIBALD, Justice.

The defendant was indicted for violating 17-A M.R.S.A. §§ 651(1)(C), (D), (E)1 (Robbery), demanded and received a jury trial, which resulted in his conviction from which he has appealed.

We deny the appeal.

During the early morning hours of August 11, 1976, two men entered a variety store in Portland. The sole clerk therein was struck twice on the head with a tire iron, felled to the floor...

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