State v. Dupray

Decision Date30 July 1982
PartiesSTATE of Maine v. David DUPRAY.
CourtMaine Supreme Court

David M. Cox, Dist. Atty., Gary F. Thorne, Asst. Dist. Atty. (orally), Bangor, for plaintiff.

Warren M. Silver (orally), Bangor, for defendant.

Before McKUSICK, C. J., and GODFREY, NICHOLS, ROBERTS and VIOLETTE, JJ.

MEMORANDUM OF DECISION.

The defendant, David Dupray, appeals from his conviction of unlawful trafficking in scheduled drugs, 17-A M.R.S.A. § 1103 (Supp.1981), after a jury trial in Superior Court, Penobscot County. On appeal, defendant contends (1) that the trial justice's instruction to the jury on the law of accomplice liability contained an error, and (2) that the evidence presented by the State was insufficient to support his conviction. Neither contention has merit. The trial justice's instruction to the jury on accomplice liability, considered in its entirety, correctly stated Maine law despite the use of one outmoded term. Towle v. Aube, Me., 310 A.2d 259, 266 (1973). Second, a careful review of the record reveals that sufficient evidence was presented from which a rational jury could find beyond a reasonable doubt that defendant was guilty of unlawful trafficking in scheduled drugs. State v. Libby, Me., 435 A.2d 1075, 1078 (1981). Accordingly, we affirm the judgment of conviction.

The entry is:

Judgment affirmed.

All concurring.

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2 cases
  • State v. Barnard
    • United States
    • Maine Supreme Court
    • May 11, 2001
    ...Dilaudid. See State v. Clarke, 1999 ME 141, ¶ 12, 738 A.2d 1233, 1235; State v. Lavigne, 588 A.2d 741, 744 (Me.1991); State v. Dupray, 448 A.2d 328, 328-29 (Me.1982). We review the entry of a judgment of acquittal following trial and a jury's finding of guilt to determine whether, viewing t......
  • State v. Griffin
    • United States
    • Maine Supreme Court
    • September 27, 1982
    ...from which a jury could rationally conclude beyond a reasonable doubt that the Defendant was guilty of burglary. See State v. Dupray, Me., 448 A.2d 328, 329 (1982); State v. Libby, Me., 435 A.2d 1075, 1078 The entry, therefore, must be: Appeal denied. Judgment affirmed. All concurring. ...

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