State v. Comeau
This text of 531 A.2d 290 (State v. Comeau) 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.
Opinion
Normand Comeau, Jr., appeals from the judgment of the Superior Court, Andros-coggin County, affirming the judgment of the District Court, Lewiston, convicting him of violation of 29 M.R.S.A. § 1312-B (Supp.1986) (operating under the influence of alcohol) and 29 M.R.S.A. § 2184(1) (Supp.1986) (operating with a suspended license).
Our review of the record discloses that the claimed hearsay statements of Barry Estabrook were properly admitted by the District Court as excited utterances and present sense impressions pursuant to M.R.Evid. 803(1) and (2). State v. Franklin, 478 A.2d 1107, 1111 (Me.1984); State v. Ryne G., 509 A.2d 1164, 1168 (Me.1986). The trier of facts could rationally have found the essential elements of the offenses charged. State v. Barry, 495 A.2d 825, 826 (Me.1985).
The entry is:
Judgment affirmed.
All concurring.
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Cite This Page — Counsel Stack
531 A.2d 290, 1987 Me. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-comeau-me-1987.