State v. James

ARCHIBALD, Justice.

Donald James has appealed from his conviction, after a jury trial, of a violation of the provisions of 17 M.R.S.A. § 2103 (Breaking, Entering and Larceny). We deny the appeal.

Briefly summarized, the evidence established beyond any doubt that a dwelling house was burglariously entered and “an antique muzzle loader, engraved with the name ‘Theodore Barton’, of the value of fifty dollars” was stolen therefrom. The firearm was described by its owner, Arlene Gilbert, as “an old fashioned musket” that “had been a family heirloom and had been passed down from my ancestors”,…