State v. Luce

ARCHIBALD, Justice.

The defendant was convicted of criminal trespass, 17 — A M.R.S.A. § 402, following a jury trial and has appealed.

We sustain the appeal.

The defendant was originally indicted for burglary, 17-A M.R.S.A. § 401. Tried before a jury, he moved for acquittal at the close of the evidence. The presiding justice granted the motion with respect to the charge of burglary but proceeded to instruct the jury on the “lesser included offense” of criminal trespass. Although he did not object to the instruction given, the defendant now asserts that criminal trespass is not a lesser included…