State v. Boyer

The defendant appeals from a judgment of the Superior Court, York County, finding him guilty, after a jury verdict, of attempted burglary, 17 — A M.R.S.A. §§ 152 and 401. The sole issue on appeal is whether the State introduced evidence sufficient to establish each element of the crime. We deny the appeal.

The defendant did not move for a judgment of acquittal at the close of all of the evidence, M.R.Crim.P. 29(a), or after verdict, M.R.Crim.P. 29(b), nor did he move for a new trial, M.R.Crim.P. 33. The defendant’s consequent failure to present the sufficiency issue to the presiding Justice…