Gainer v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Between May of 1986 and July of 1987, Frances C. Gainer, a beautician at a nursing home earning less than $11,000 per year, obtained $111,000 from 83-year-old Margaret S. Endicott. Gainer was convicted of first degree theft of property, sentenced to ten years' imprisonment (to be served on work release), and ordered to make restitution in the amount of $111,000. Five issues are raised in this appeal from that conviction.

I

Gainer's first argument is that the state…