State v. Harding

DUFRESNE, A. R. J. 1

Tried before jury in the Superior Court, Kennebec County, Dennis L. Harding, Jr., the defendant, was convicted of the crimes of burglary and theft in violation respectively of sections 401 and 353 of title 17-A, the Maine Criminal Code. 2 His motion for a new trial based on the ground of newly discovered evidence, pursuant to Rule 33, M.R.Crim.P., was denied and he appeals from that ruling. We deny the appeal.

Three persons were indicted for burglarizing the home of Virgil Tyler in South China and for the theft of a CB radio valued at some eighty ($80.00) dollars on January…