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440 A.2d 1058

State v. McFarland

Supreme Judicial Court of Maine

Decided February 9, 1982

Supreme Judicial Court of Maine · decided 1982-02-09

Cited by 1 later decisions — most recently December 1995

1 state decisions

Relies on State v. St. Onge

Good law ✅— No negative treatment on recordhow we know

Decided 1982-02-09

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MEMORANDUM OF DECISION:

¶1The defendant was convicted of trafficking in a schedule W drug, a class B offense, 17-A M.R.S.A. § 1103 (Supp.1981), following a jury trial in Superior Court (Cumberland County). On appeal, the defendant argues that the evidence was insufficient to support a conviction by proof beyond a reasonable doubt, because a description of the trafficker recorded by a police officer at the time of the illegal sale differed from the description of the defendant’s then appearance given by two defense witnesses at trial.

¶2The weight of identification evidence is a question for the jury. State v. St. Onge, Me., 392 A.2d 47, 52 (1978).

¶3The jury had the opportunity, not available to us on appeal, of viewing the defendant’s physical appearance at the time of trial. On this record, we cannot say that it was irrational for the jury to conclude that the defendant did fit the description in the contemporaneous police report. The jury might also have been persuasively influenced by the positiveness of the reporting officer’s in-court identification.

¶4The entry is:

¶5Appeal denied.

¶6Judgment affirmed.

¶7All concurring.

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