State v. Goodwin

GLASSMAN, Justice.

The defendant, Erland Goodwin, appeals from a judgment of conviction for violation of 17 M.R.S.A. § 2802, maintaining a public nuisance, entered in the Superior Court, Waldo County, following a jury trial. The defendant contends the Superior Court was without jurisdiction to hear a criminal prosecution for violation of 17 M.R.S.A. § 2802 on transfer from the District Court. We vacate the judgment of conviction.

The defendant was charged with a violation of 17 M.R.S.A. § 2802 by a criminal complaint filed in the District Court in Belfast. On January 23, 1979, the defendant…