Supreme Judicial Court of Maine, 1988

State v. Smith

State v. Smith
Supreme Judicial Court of Maine · Decided December 9, 1988 · McKusick, Roberts, Wathen, Glassman, Clifford, Hornby, Collins
551 A.2d 449; 1988 Me. LEXIS 298 (Atlantic Reporter, Second Series)

State v. Smith

Opinion

MEMORANDUM OF DECISION.

A Superior Court jury (Cumberland County, Fritzsche, J.) convicted Raymond Smith of theft by unauthorized taking, 17-A M.R.S.A. § 353 (1983), violating the Charitable Solicitations Act, 9 M.R.S.A. § 5014 (1980 & Supp. 1986), and witness tampering, 17-A M.R.S.A. § 454 (Supp. 1986). Contrary to defendant’s contention, admission of evidence of defendant’s prior convictions for violating the Charitable Solicitations Act did not constitute obvious error. The challenged evidence was admissible as relevant to defendant’s knowledge, motive, and intent. See M.R.Evid. 404(b); State v. DeLong, 505 A.2d 803, 806 (Me. 1986). Furthermore, the court properly found that the danger of unfair prejudice did not outweigh the probative value of the evidence. See M.R.Evid. 403; State v. Hurd, 360 A.2d 525, 527 n. 5 (Me. 1976).

The entry is:

Judgment affirmed.

All concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.