State v. Smith

VIOLETTE, Justice.

The State of Maine appeals from a judgment of acquittal entered by the presiding justice in Superior Court, York County, in favor of defendant Alton R. Smith notwithstanding a jury verdict finding Smith guilty of operating a motor vehicle while under the influence of drugs. 29 M.R.S.A. § 1312 (1978). We sustain the State’s appeal and remand the case for reinstatement of the jury’s guilty verdict.

At the close of all the evidence, Smith moved for a judgment of acquittal pursuant to M.R.Crim.P. 29(a). The presiding justice reserved his ruling and, after the jury returned' a…