State v. Smith

McKUSICK, Chief Justice.

After a jury trial in Somerset County, to which a change of venue had been ordered at his request, defendant Joel Smith was convicted of murder, 17-A M.R.S.A. § 201(1)(A), (B) (Supp.1979). On appeal he contends that the presiding justice erred by his delay in severing defendant’s trial from that of co-defendant Brenda Younk Smith, 1 by refusing to admit in evidence a taped confession by Brenda, and by finding defendant’s own confession to be voluntary and therefore admissible. We affirm the judgment of conviction of murder.

The jury had before it the following evidence.…