State v. Cote

NICHOLS, Justice.

The Defendant, Robert Cote, appeals from a conviction of robbery, 17-A M.R. S.A. § 651 (1983), entered on July 20, 1982, following a jury trial in Superior Court, York County. We vacate the conviction because there were deficiencies in the jury instructions which constitute obvious error affecting substantial rights of the Defendant.

The one-count indictment alleged that on April 2, 1982, at Biddeford the Defendant robbed Paul Trimm of a wallet containing approximately $170. At trial Trimm and a second witness testified that on that evening they and the Defendant were in…