State v. Brasslett

DUFRESNE, Active Retired Justice.

Following a jury trial in Superior Court, Penobscot County, Warren Brasslett was convicted on two counts of theft charged in the indictment as theft by unauthorized taking pursuant to 17-A M.R.S.A. § 353. On appeal, the defendant argues that the Superior Court committed reversible error, 1) in denying his motion for judgment of acquittal on the grounds (a) that there was a variance between the indictment and the proof respecting the ownership of the property involved and (b) that the State failed to prove theft by unauthorized taking as alleged; 2) in denying…