State v. Nappi

WERNICK, Justice.

An indictment returned on September 8, 1975 to the Superior Court (Cumberland County) accused defendant Toby D'. Nappi, Jr., of having committed the crime of breaking and entering with intent to commit larceny (17 M.R.S.A. § 754). On October 31, 1975 defendant was tried (jury waived) and found guilty. Defendant had moved for judgment of acquittal and, after being found guilty, for a new trial. The motions claimed a fatal variance between the proof at trial and the allegations of the indictment. The presiding Justice denied the motions, ruling that although a variance existed,…