State v. Bennett

DANA, Justice.

Steven R. Bennett, Michael A. Tuck, and Michael J. Maldonado appeal from judgments entered in the Superior Court (Cumberland County, Lipez, J.) on jury verdicts convicting both Bennett and Maldonado of criminally negligent manslaughter, 17-A M.R.S.A. § 203(1)(A) (Supp.1994), and assault, 17-A M.R.S.A. § 207(1) (1983), and convicting Tuck of two counts of assault, id., arising out of a brawl that led to the death of Randal Toler. Bennett and Maldonado argue that the court erred by excluding from evidence a statement by Toler tending to show his aggressiveness just prior to the…