Legal Opinion

State v. Smith

Supreme Judicial Court of Maine

Decided February 1, 1978PublishedCited by 10 opinions

1Opinion of the Court

ARCHIBALD, Justice.

The Cumberland County grand jury returned the following indictment:

“The Grand Jury Charges:

On or about the sixth day of May, 1976, in the County of Cumberland, State of Maine, William T. Smith did cause the death of Michael G. Fitzgerald, intending to cause such death or knowing that death would almost certainly result from his conduct.”

This indictment is based on 17-A M.R.S.A. § 202(1)(A) as then enacted (Criminal homicide in the 2nd degree). 1 Following an instruction to the jury that 17-A M.R.S.A. § 204(1)(A) (Criminal homicide in the 4th degree) 2 was a lesser included…

2Cases cited4 opinions

  1. State v. WorreySupreme Judicial Court of Maine · 1974
  2. State v. KelleySupreme Judicial Court of Maine · 1976
  3. State v. GagnonSupreme Judicial Court of Maine · 1977
  4. Exton v. General Electric Credit Corp.District of Columbia Court of Appeals · 1972

3Cited by10 opinions

  1. State v. GoodallSupreme Judicial Court of Maine · 1979
  2. United States v. BennettCourt of Appeals for the First Circuit · 2017
  3. State v. GoyetteSupreme Judicial Court of Maine · 1979
  4. State v. BoyerSupreme Judicial Court of Maine · 1978
  5. State v. SnowSupreme Judicial Court of Maine · 1978

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