State v. Wheeler

After a jury-waived trial in Superior Court (Somerset County), defendant Arthur J. Wheeler and two companions, Joseph and Elmer Jenness, were convicted of night hunting. 12 M.R.S.A. § 7406(5)(B) (1981). Only Wheeler appeals. We sustain his appeal.

In the State’s direct case, the Superior Court justice sitting without a jury heard testimony that on September 17, 1980, at about 9:00 p. m., Game Warden Norman Gilbert observed a ear passing along two fields in Canaan that are frequented by game. The headlights of the car and a spotlight manipulated from inside the car illuminated the fields. The…