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STATE v. PHILBRICK

481 A.2d 488 (1984)

STATE of Maine v. Leland B. PHILBRICK.

Supreme Judicial Court of Maine.

Decided August 10, 1984.

Attorney(s) appearing for the Case

Wayne S. Moss (orally), Anita M. St. Onge, Rae Ann French, Asst. Attys. Gen., Augusta, for the State.

George F. Wood (orally), Sanford, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS and VIOLETTE, JJ., and DUFRESNE, A.R.J.

NICHOLS, Justice.

Following his third jury trial on the same charge of criminal homicide the Defendant, Leland B. Philbrick, was convicted of criminal homicide in the second degree in Superior Court, York County.

We affirm his conviction.

Approximately seven years ago an indictment was returned against the Defendant, alleging that on the night of July 11, 1977, he shot and killed Charles Porterfield with a .44 caliber pistol in Saco. He was charged...

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