Legal Opinion

State v. Smith

Supreme Judicial Court of Maine

Decided November 30, 1973PublishedCited by 5 opinions

1Opinion of the Court

POMEROY, Justice.

Charles Smith, the appellant herein, may have assumed he could commit the crime of robbery without danger of arrest and conviction for the offense because,(a) the victim of this robbery was blind, and(b) the only sighted witness to his crime was his girlfriend who was “in love with him."

If so, how wrong he was !

Not only was he arrested and convicted of the offense in a jury waived trial, but the witnesses against him were the blind victim who identified him through his “audio characteristics” which were “the gritted teeth and the shaky breathing through his teeth," and the…

2Cases cited8 opinions

  1. United States v. Roy B. Kelly, Cecil v. Hagen and Milton J. ShuckCourt of Appeals for the Second Circuit · 1965
  2. Waldrop v. StateSupreme Court of Georgia · 1965
  3. State v. BinnsNorth Dakota Supreme Court · 1972
  4. State v. JewellSupreme Judicial Court of Maine · 1972
  5. State v. JamesSupreme Judicial Court of Maine · 1965

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. WoleryOhio Supreme Court · 1976
  2. Brown v. StateCourt of Appeals of Maryland · 1977
  3. State v. SawyerSupreme Judicial Court of Maine · 1974
  4. Lancaster Yellow Cab & Baggage, Inc. v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1981
  5. Brown v. StateCourt of Appeals of Maryland · 1977

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