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STATE v. WHEELER

444 A.2d 430 (1982)

STATE of Maine v. Arthur J. WHEELER.

Supreme Judicial Court of Maine.

Decided April 29, 1982.

Attorney(s) appearing for the Case

David W. Crook, Dist. Atty., John Alsop (orally), Asst. Dist. Atty., Skowhegan, for plaintiff.

Charles Trainor (orally), Burton G. Shiro, Waterville, for defendant.

Before McKUSICK, C. J., and GODFREY, ROBERTS, CARTER, VIOLETTE, and WATHEN, JJ.

PER CURIAM.

After a jury-waived trial in Superior Court (Somerset County), defendant Arthur J. Wheeler and two companions, Joseph and Elmer Jenness, were convicted of night hunting. 12 M.R.S.A. § 7406(5)(B) (1981). Only Wheeler appeals. We sustain his appeal.

In the State's direct case, the Superior Court justice sitting without a jury heard testimony that on September 17, 1980, at about 9:00 p. m., Game Warden Norman Gilbert observed a car passing along...

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