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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 1997 ME 52 Docket: PEN-95-773 Submitted on briefs March 7, 1997 Decided March 20, 1997 PANEL: WATHEN, C.J., GLASSMAN, RUDMAN, DANA, and LIPEZ, JJ.
STATE OF MAINE v. EDWARD HEWES
PER CURIAM
[¶1] Edward Hewes appeals from the judgments entered in the
Superior Court (Penobscot County, Mead, J.) pursuant to jury verdicts
finding him guilty of gross sexual assault (Class A), 17-A M.R.S.A. § 253
(Supp. 1996) and unlawful sexual contact (Class C), 17-A M.R.S.A. § 255
(Supp. 1996). Contrary to Hewes's contentions, the court did not commit
obvious error in failing to instruct the jury sua sponte on the statutory
defense of consent, 17-A M.R.S.A. § 109(1) (1983), to the gross sexual
misconduct and unlawful sexual contact charges; and the court did not abuse
its discretion in admitting into evidence certain photographs of the victim-
witness, State v. Conner, 434 A.2d 509, 512 (Me. 1981) (photographic
evidence to be excluded when inflammatory or prejudicial nature outweighs
its probative value). The other issues raised do not merit comment, except
to caution counsel about the importance of characterizing the evidence with
scrupulous care. Our review of the record revealed numerous inaccuracies
in the defendant's presentation of the facts of this case.
The entry is:
Judgments affirmed.
Attorneys for State:
R. Christopher Almy, District Attorney
C. Daniel wood, Asst. Dist. Atty.
97 Hammond Street
Bangor, ME 04401
Attorney for defendant:
Margaret P. Shallhoob, Esq.
40 Kossuth Street
Bangor, ME 04401