State v. Spearin

After a jury trial, the defendant, Nelson Spearin, was convicted on two counts of theft by unauthorized taking or transfer. 17-A M.R.S.A. § 353 (Supp. 1980). On appeal, the defendant argues: 1) that the presiding justice erred in allowing the State to question the defendant about a prior conviction for cheating by false pretenses; and 2) that the presiding justice erred by adjudging the defendant guilty of Class C theft, rather than of Class D theft.

We affirm the judgment.

The following facts were undisputed at trial. On February 16,1980, the defendant paid Kennebeck Equipment Rental Company…