State v. Frost

WATHEN, Justice.

Defendant Jack Frost appeals from a conviction of aggravated assault (17-A M.R.S.A. § 208 (1983)) resulting from a jury trial in the Superior Court (Cumberland County, Lipez, J.). Defendant moved for continuance when a defense witness failed to appear in response to a subpoena. The presiding justice determined that the missing witnesses’ testimony would be cumulative and denied defendant’s motion to continue the trial. We find that the justice did not abuse his discretion and thus, his ruling must be upheld on appeal. State v. Reed, 479 A.2d 1291, 1295 (Me.1984). We also find…