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STATE v. THURSTON

Docket: Han-08-205

969 A.2d 906 (2009)

2009 ME 41

STATE of Maine v. Darrell J. THURSTON.

Supreme Judicial Court of Maine.

Decided: April 23, 2009.

Attorney(s) appearing for the Case

Jeffrey C. Toothaker, Esq., Toothaker & Chong, Ellsworth, for Darrell Thurston.

Michael E. Povich, District Attorney, Mary N. Kellett, Asst. Dist. Atty., Prosecutorial District VII, Ellsworth, for the State of Maine.

Dissent: SAUFLEY, C.J., and ALEXANDER, J.

GORMAN, J.

[¶ 1] Darrell J. Thurston appeals from a judgment entered in the Superior Court (Hancock County, Marden, J.) upon a jury verdict finding him guilty of assault (Class C), 17-A M.R.S. §§ 207(1)(A), 1252(4-A) (2008); and criminal mischief (Class D), 17-A M.R.S. § 806(1)(A) (2008); and not guilty of obstructing report of crime or injury (Class D), 17-A M.R.S. § 758(1)(A) (2008). Because we agree with Thurston

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