State v. Lindsey

McKUSICK, Chief Justice.

A Penobscot County indictment charged defendant with one count of rape, 17-A M.R.S.A. § 252 (Supp.1979), and two counts of kidnapping, id. § 301. 1 All three counts also alleged that defendant had committed those Class A crimes with the use of a firearm, a punishment enhancing factor that if proven would require a minimum sentence of 4 years imprisonment. Id. § 1252(5). 2 At defendant’s jury trial in mid-December 1976 the presiding justice at the end of the evidence ordered defendant’s acquittal on the punishment enhancing factor, on the ground of insufficiency of the…