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379 A.2d 380

State v. Parker

Supreme Judicial Court of Maine

Decided November 3, 1977

Supreme Judicial Court of Maine · decided 1977-11-03

Relies on State v. Sawyer

Decided 1977-11-03

PER CURIAM.

¶1This matter comes here on appeal by the Defendant from his conviction in the court below of the sale of a potent medicinal substance, valium, in violation of 22 M.R. S.A. § 2210. He alleges error in the denial by that court of his motion for a new trial, based upon newly discovered evidence, brought pursuant to Rule 33, M.R.Cr.P.

¶2The Defendant was accorded a full evi-dentiary hearing in the court below. The denial of his motion was essentially a determination of fact. It was not clearly erroneous. State v. Sawyer, 314 A.2d 830, 834 (Me.1974).

¶3The entry must be:

¶4Appeal denied.

All Justices concur.
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