From Casetext: Smarter Legal Research

State v. Ashby

Supreme Judicial Court of Maine
Apr 22, 1988
540 A.2d 468 (Me. 1988)

Opinion

Argued March 10, 1988.

Decided April 22, 1988.

Appeal from the Superior Court, Aroostook County.

John D. McElwee (orally), Dist. Atty., Caribou, for the State.

E. Allen Hunter (orally), Thomas J. Pelletier, Solman, Page Hunter, P.A., Caribou, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, GLASSMAN, SCOLNIK and CLIFFORD, JJ.


MEMORANDUM OF DECISION.

The defendant, Loomis Ashby, appeals from a judgment of the Superior Court, Aroostook County, entered after a jury verdict finding him guilty of one count of gross sexual misconduct, 17-A M.R.S.A. § 253 (1983 Supp. 1987) (Class A), and one count of unlawful sexual contact, 17-A M.R.S.A. § 255 (1983 Supp. 1987) (Class D). We affirm.

Contrary to Ashby's contentions on appeal, we conclude that the jury could rationally have found every element of the crimes charged, State v. Barry, 495 A.2d 825, 826 (Me. 1985), and that the victim's testimony was not "inherently improbable or incredible . . . [and did not] fail . . . the test of common sense." State v. Pelletier, 534 A.2d 970, 972 (Me. 1987).

The entry is:

Judgment affirmed.

All concurring.


Summaries of

State v. Ashby

Supreme Judicial Court of Maine
Apr 22, 1988
540 A.2d 468 (Me. 1988)
Case details for

State v. Ashby

Case Details

Full title:STATE of Maine v. Loomis F. ASHBY

Court:Supreme Judicial Court of Maine

Date published: Apr 22, 1988

Citations

540 A.2d 468 (Me. 1988)