Opinion
No Number in Original
April 21, 1978
David M. Cox, Dist. Atty., Gary F. Thorne (orally), Asst. Dist. Atty., Bangor, for plaintiff.
Mitchell, Ballou & Keith by Peter M. Weatherbee (orally), Bangor, for defendant.
MEMORANDUM OF DECISION. Our decision in this case is governed by our decision in State v. Pinkham, Me., 383 A.2d 1355 (1978).
The entry must be:
Appeal sustained.
New trial ordered.
Concur by:DELAHANTY
Concur
DELAHANTY, Justice: I concur in the decision of the Court only to the extent that the single issue decided herein is controlled by State v. Pinkham, Me., 383 A.2d 1355 (1978), a decision in which I did not participate and which, in my judgment, was wrongly decided.