State v. Leeman

WEATHERBEE, Justice.

This is an appeal from a jury verdict finding the Defendant guilty of Death Caused by Violation of Law (29 M.R.S.A. § 1316). The indictment charged Reckless Homicide (29 M.R.S.A. § 1315). The Presiding Justice had instructed the jury that the offense of Death caused by Violation of Law was a lesser offense necessarily included within the greater offense of Reckless Homicide and the sole issue raised by the Defendant is whether this instruction was error.

The indictment read:

“That on or about the twenty-first day of December, 1969, in the town of Boothbay Harbor, County of…