State v. Fogg

McKUSICK, Chief Justice.

Defendant Rick Fogg appeals from a judgment of conviction entered May 15, 1979, in the Superior Court, York County, on the verdict of a jury finding him guilty of burglary in violation of 17 — A M.R.S.A. § 401. Defendant’s sole claim is that Robert Presby, a confederate in the burglary, should not have been permitted to testify at trial because his testimony was the fruit of the poisonous tree of his unlawful arrest.

We deny the appeal.

At about midnight on January 18, 1979, several York police officers and detectives responded to a burglar alarm sounding at the Family…