State v. Ashby

Supreme Judicial Court of Maine

State v. Ashby

540 A.2d 468, 1988 Me. LEXIS 111

DecidedApril 22, 1988

StatusPublished

This text of 540 A.2d 468 (State v. Ashby) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ashby, 540 A.2d 468, 1988 Me. LEXIS 111 (Me. 1988).

Pincite

Opinion

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.

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