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STATE v. NICKERSON

534 A.2d 1323 (1988)

STATE of Maine v. William NICKERSON.

Supreme Judicial Court of Maine.

Decided January 5, 1988.

Attorney(s) appearing for the Case

R. Christopher Almy, Dist. Atty., Philip Worden, Asst. Dist. Atty. (orally), Bangor, for the State.

Martha J. Harris (orally), John D. Bunker, Paint, Lynch & Harris, P.A., Bangor, for defendant.

Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN and SCOLNIK, JJ.

WATHEN, Justice.

Defendant William Nickerson appeals from his conviction in Superior Court (Penobscot County) for unlawful sexual contact. On appeal he argues that the Superior Court erroneously denied his request for a jury instruction distinguishing sexual contact from a sexual act. We agree that the court erred and we vacate the conviction.

The facts may be briefly summarized as follows: On August 25, 1985, the...

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