State v. Cefalo

McKUSICK, Chief Justice.

A York County jury found defendant Robert Cefalo guilty of rape under 17 — A M.R.S.A. § 252 (Supp.1978). Defendant appeals from his conviction on grounds that (1) the presiding justice erred in admitting evidence of an out-of-court and an in-court identification of defendant by the prosecu-trix, and (2) the evidence was insufficient to support the jury’s verdict. Because we find that the admission of the highly probative identification evidence survives constitutional scrutiny, we deny the appeal.

At trial, the 20-year-old prosecutrix gave the following account of the…