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503 A.2d 706

State v. Giles

Supreme Judicial Court of Maine

Decided January 28, 1986

Supreme Judicial Court of Maine · decided 1986-01-28

Relies on State v. Pierce · State v. Vachon

Decided 1986-01-28

¶1MEMORANDUM OF DECISION.

¶2After a jury trial in Superior Court (Somerset County) Stephen Giles was convicted of two counts of gross sexual misconduct (Class A), 17-A M.R.S.A. § 253, and two counts of unlawful sexual contact (Class C), 17-A M.R.S.A. § 255. On appeal he contends that the indictment was not sufficiently certain as to the dates of the alleged offenses. We find that the indict*707ment in this case was legally sufficient because an accused of reasonable and normal intelligence would, by the language of this indictment, be adequately informed of the crimes charged so that he could properly prepare his defense and be protected from double jeopardy. State v. Pierce, 438 A.2d 247, 250 (Me.1981). Defendant also contends that there was a fatal variance between the allegation and the proof at trial. He has failed, however, to show the prejudice or unfair surprise necessary to warrant vacating the judgments of conviction. State v. Vachon, 482 A.2d 864, 867 (Me.1984).

¶3The entry is:

¶4Judgments of conviction affirmed.

¶5All concurring.

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