State v. Whitman

CARTER, Justice.

Following a jury trial in Superior Court (Knox County), on July 15 and 16,1980, the defendant was convicted of attempted murder, 17-A M.R.S.A. § 152 (Supp.1980). He was charged with intentionally or knowingly discharging a firearm against the person of Linda Post. On appeal, the defendant contends that errors occurred in the pretrial proceedings, the exclusion and admission of evidence at trial, and the jury instructions. We address two of these contentions and conclude that the conviction must be set aside.

The evidence at trial showed that Linda Post and the defendant had…