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State v. McMahan, attorneys and footnotes

Attorneys for State:

Geoffrey A. Rushlau, District Attorney
Eric J. Walker, Asst. Dist. Atty.
62 Union Street
Rockland, ME 04841

Attorney for defendant:

Andrews B. Campbell, Esq.
Andrews Bruce Campbell, P.A. 
18 Water Street
Thomaston, ME 04861
FOOTNOTES******************************** {1} . A polyball is a large, round vinyl ball with a variety of uses in the commercial fishing trade. In this case, the ball was used to mark the location of lines to a boat mooring and kept those lines suspended in the water. {2} . Section 208 is as follows: § 208. Aggravated assault 1. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes: A. Serious bodily injury to another; or B. Bodily injury to another with use of a dangerous weapon; or C. Bodily injury to another under circumstances manifesting extreme indifference to the value of human life. Such circumstances include, but are not limited to, the number, location or nature of the injuries, the manner or method inflicted, or the observable physical condition of the victim. 2. Aggravated assault is a Class B crime. 17-A M.R.S.A. § 208 (1983). The docket entries erroneously state that McMahan was originally charged with assault (Class D), 17-A M.R.S.A. § 207. It may be that the docket entries were adjusted after the fact as a result of a computer programming error which may have altered the original docket entry indicating aggravated assault when, after trial, McMahan was convicted of the lesser included offense of simple assault. However, there is absolutely no dispute that the original indictment charged aggravated assault (Class B) and we will presume that the clerk's office properly entered this charge into the docket in the initial processing of the case. {3} . Section 108(1) is as follows: 1. A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend himself or a 3rd person from what he reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and he may use a degree of such force which he reasonably believes to be necessary for such purpose. However, such force is not justifiable if: A. With a purpose to cause physical harm to another person, he provoked the use of unlawful, nondeadly force by such other person; or B. He was the initial aggressor, unless after such aggression he withdraws from the encounter and effectively communicates to such other person his intent to do so, but the latter notwithstanding continues the use or threat of unlawful, nondeadly force; or C. The force involved was the product of a combat by agreement not authorized by law. 17-A M.R.S.A. § 108(1)(A)­p;(C) (1983). {4} . Maine Rules of Evidence 103 states: RULE 103. RULINGS ON EVIDENCE (a) Effect of Erroneous Ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and . . . . (2) Offer of Proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked. (b) Record of Offer and Ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form. M.R. Evid. 103(a)(2), (b). {5} . A written offer of proof may, of course, be reviewed by the court in chambers or recess. Here the court refused to receive and consider McMahan's written offer of proof.

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