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540 A.2d 468

State v. Ashby

Supreme Judicial Court of Maine

Decided April 22, 1988

Supreme Judicial Court of Maine · decided 1988-04-22

Cited by 1 later decisions — most recently February 2007

1 state decisions

Relies on State v. Barry · State v. Pelletier

Good law ✅— No negative treatment on recordhow we know

Decided 1988-04-22

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¶1MEMORANDUM OF DECISION.

¶2The 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.

¶3Contrary 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).

¶4The entry is:

¶5Judgment affirmed.

¶6All concurring.

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