State v. Lizotte

WEBBER, Justice.

On appeal. Defendant was convicted by a jury of making a threatening communication which is made a felony by 17 M.R. S.A., Sec. 3701.

The first point of appeal is stated in these terms:

“1. The Court erred by not permitting defendant’s request to have the misdemeanor, an assault and battery upon a police officer, Docket No. 3503 and the felony, threatening communication, Docket No. 3546, tried at the same time before the jury on July 10,1968.”

The record does not disclose the motion for joinder, the proceedings thereon or the decision of the Court below disposing of the motion.…