State v. Elwell

POMEROY, Justice.

“A defendant is entitled to a fair trial, but not a perfect one.” Lutwak v. Unit ed States, 344 U.S. 604, 619, 73 S.Ct. 481, 490, 97 L.Ed. 593. (1953).

Because these appellants received a fair trial, albeit an imperfect one, we deny the appeals. Both appellants have appealed from a judgment entered on a verdict of guilty of a violation of 17-A M.R.S.A. § 802 (Arson).

The evidence of guilt produced by the State at trial was overwhelming. Both appellants sought to place responsibility for the fire on a third person. The evidence makes it clear such third person could not have…