Supreme Judicial Court of Maine
State of Maine v. Gatherius White A.k.a. Jatherius White
September 11, 20022002 Me. 122
Summary
The court affirmed White's convictions for elevated aggravated assault and aggravated assault. It held that the incomplete self-defense instruction did not constitute obvious error because White agreed to the instruction, the evidence did not show provocative conduct during the incident apart from the assault itself, and the issue was waived. The court also held that testimony recounting the victim's out-of-court identification was inadmissible hearsay, but its admission was harmless because other evidence strongly connected White to the assault.
Holding
- Self-defense jury instruction. The incomplete instruction concerning provocation did not constitute obvious error requiring reversal. White agreed to the instruction, the evidence did not establish provocative words or acts during the incident apart from the assault itself, and the issue was waived.
- Admission of hearsay identification testimony. The testimony that Golden believed White inflicted the head injury was inadmissible hearsay, but its admission was harmless because it was highly probable that the testimony did not affect the jury's verdict.