State v. Benner

CLIFFORD, Justice.

David Benner appeals from a conviction for assault, 17-A M.R.S.A. § 207 (1983 & Supp.1994), 1 following a jury trial in Superior Court (Washington County, Mills, J.). On appeal Benner contends, inter alia, that the trial court erred in giving a cautionary instruction on how the jury should consider the hearsay testimony of the investigating state trooper, and that there was insufficient evidence to support the jury’s verdict. Finding no error, we affirm the conviction.

The evidence at trial revealed the following. The victim testified that Benner is her boyfriend, and at the…