State v. Vachon

McKUSICK, Chief Justice.

In the Superior Court (Androscoggin County) defendants Marc Vachon and Richard Boisvert were tried and found guilty of burglary, Class B, 17-A M.R.S.A. § 401 (1983). On appeal defendants allege error in the Superior Court’s denial of their motion for a judgment of acquittal. That motion was based on an allegedly fatal variance between the indictment and the proof at trial. We affirm the convictions.

In the early morning hours of September 26,1982, the police responded to a report of suspicious activity at a house on Court Street in Auburn. The police apprehended the two…