State v. Rowe

CARTER, Justice.

After a trial in Superior Court (Cumberland County), a jury found the defendants guilty of Theft, Class C, 17-A M.R.S.A. §§ 353 & 362(3)(A) (1982). On appeal, the defendants raise as issues (1) the validity of a vehicular stop resulting in observation by a police officer of evidence in the defendants’ vehicle and (2) the adequacy of the trial justice’s instructions to the jury. Because we find that the presiding justice committed reversible error in refusing the defendants’ request to instruct the jury regarding Class D and Class E Theft, which are lesser included offenses to…