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State v. Dawn

Supreme Judicial Court of Maine
Jul 7, 1988
543 A.2d 834 (Me. 1988)

Opinion

Argued May 5, 1988.

Decided July 7, 1988.

Appeal from the Superior Court, Kennebec County.

David W. Crook, Dist. Atty., Evert Fowle (orally), Asst. Dist. Atty., Augusta, for the State.

Joseph O'Donnell (orally), Goodspeed O'Donnell, Augusta, for defendants.

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


MEMORANDUM OF DECISION.

Earl L. Dawn and Philip A. Lewis appeal from judgments entered by the Superior Court, Kennebec County, on jury verdicts finding them guilty of criminal trespass, 17-A M.R.S.A. § 402(1)(D) (1983). Contrary to the defendants' contentions, we conclude that the trial justice acted within his discretion when he refused to conduct individual interviews during his voir dire of prospective jurors, State v. Lambert, 528 A.2d 890, 892 (Me. 1987); that, when read as a whole, the jury instructions on the elements of the offense were adequate, and the trial justice did not err in declining to give the jury additional instructions on what constitutes a "demonstration" or a "lawful order," see State v. Beathem, 482 A.2d 860, 863 (Me. 1984); and that, viewing the evidence in the light most favorable to the prosecution, the jury rationally could find all the elements of the offense charged, State v. Barry, 495 A.2d 825, 826 (Me. 1985).

The entry is:

Judgments affirmed.

All concurring.


Summaries of

State v. Dawn

Supreme Judicial Court of Maine
Jul 7, 1988
543 A.2d 834 (Me. 1988)
Case details for

State v. Dawn

Case Details

Full title:STATE of Maine v. Earl L. DAWN et al

Court:Supreme Judicial Court of Maine

Date published: Jul 7, 1988

Citations

543 A.2d 834 (Me. 1988)