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658 A.2d 661

State v. O'Neill

Supreme Judicial Court of Maine

Decided May 24, 1995

Supreme Judicial Court of Maine · decided 1995-05-24

Relies on State v. Gardner · State v. McLaughlin · State v. Powell

Decided 1995-05-24

CLIFFORD, Justice.

¶1Donald O’Neill appeals from the judgment of conviction for aggravated assault, 17-A M.R.S.A. § 208 (1988), entered in the Superior Court (Cumberland County, Cole, J.) following a jury trial. Contrary to O’Neill’s contentions, the court did not err in denying his motion to suppress statements made by O’Neill and physical evidence located at the scene of the crime. State v. Powell, 640 A.2d 209, 210 (Me.1994); State v. Gardner, 509 A.2d 1160, 1168 n. 3 (Me.1986). Nor did the court err in its determination that the statements made by the victim were admissible pursuant to M.R.Evid. 803(2) as excited utterances. State v. McLaughlin, 642 A.2d 173, 175 (Me.1994).

¶2The entry is:

¶3Judgment affirmed.

¶4All concurring.

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