State v. Thurlow

GODFREY, Justice.

Defendant was convicted of burglary, Class C, 17-A M.R.S.A. § 401, after a jury trial in the Superior Court, Cumberland County. On appeal, defendant asserts that the presiding justice should have granted a mistrial because of the prosecutor’s violation of the automatic discovery rule, M.R. Crim.P. 16(a). The state contends that the violation was harmless. Because we consider the violation to have been prejudicial, we sustain defendant’s appeal and remand the case for a new trial.

At about 1:15 a. m. on November 27, 1978, defendant and his friend, Victor Mitchell, were arrested…