State v. Thibeault

DELAHANTY, Justice.

A Superior Court jury, Penobscot County, found Dale Thibeault guilty of Class B burglary. 17 — A M.R.S.A. § 401(B). On April 24,1978, Thibeault was sentenced to a term of six years at the Maine State Prison. On appeal, the defendant attacks the legality of his conviction on numerous grounds. With one exception, we find the defendant’s assignments of error to be unfounded. We do find, however, that the presiding Justice’s instruction covering the elements of the crime of burglary was prejudicially incorrect, and on that basis we sustain the appeal and remand the case for a…