State v. Morgan

ARCHIBALD, Justice.

Wilmont Morgan was charged by indictment with the Class A crime of gross sexual misconduct in violation of 17-A M.R.S.A. § 253(1)(B), which provides:

“A person is guilty of gross sexual misconduct

1. If he engages in a sexual act with another person, not his spouse, and

B. The other person has not in fact attained his 14th birthday . . . .”

Morgan waived a jury trial. Rule 23(a), M.R.Crim.P. After a full hearing the single Justice found the defendant guilty, stating:

“THE COURT: This is obviously a matter of credibility and credibility only and this Court has been provided with…