State v. Earley

ROBERTS, Justice.

Joseph E. Earley appeals from convictions on three counts 1 of attempted murder, 17-A M.R.S.A. §§ 152(1), 201 (1982), two counts of reckless conduct, 17-A M.R. S.A. § 211 (1982), and one count of aggravated assault, 17-A M.R.S.A. § 208(1)(B)-(C) (1980), 2 following a jury trial in the Superior Court, Cumberland County. Because we conclude that inadequacies in the jury instructions constitute obvious error affecting the substantial rights of the defendant, we vacate the convictions.

I

On the morning of July 2, 1981, Earley’s wife of seven years obtained a divorce from the…