State v. Zinck

NICHOLS, Justice.

Again on this appeal we confront an issue as to what circumstances may warrant the admission of a witness’ prior consistent statement under our Evidence Rule 801(d)(1).

Following a jury trial in Superior Court, Oxford County, the Defendant, Phillip Zinck, was convicted February 26, 1982, of one count each of burglary (17-A M.R.S.A. § 401), gross sexual misconduct (17-A M.R. S.A. § 253) and unlawful sexual contact (17 — A M.R.S.A. § 255). On appeal here the Defendant argues that the Superior Court erred in admitting hearsay testimony from a prosecution witness.

We conclude that…