STATE v. AYERS


468 A.2d 606 (1983)

STATE of Maine v. Barbara Thibodeau AYERS.

Supreme Judicial Court of Maine.

Decided December 9, 1983.


Attorney(s) appearing for the Case

James E. Tierney, Atty. Gen., Anita M. St. Onge (orally), Augusta, Wayne S. Moss, Herbert Bunker, Jr., Asst. Attys. Gen., for plaintiff.

Hall, DeSanctis & Schultz, Julio DeSanctis (orally), Bangor, for defendant.

Before McKUSICK, C.J., and NICHOLS, WATHEN and SCOLNIK, JJ., and DUFRESNE, A.R.J.


McKUSICK, Chief Justice.

At her retrial on the charge of murder, 17-A M.R.S.A. § 201(1)(A), defendant Barbara Ayers was convicted by a Superior Court (Penobscot County) jury on January 28, 1982. On appeal, she argues that the presiding justice committed error in 1) admitting into evidence the prior testimony of her former co-defendant, Donald Ayers, under the exception to the hearsay rule stated in M.R.Evid. 804(b)(1), and 2) making a "preliminary ruling" that...

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