This section contains the nature of the case and procedural background.

Moulton (D) was indicted for theft of auto parts discovered when police were answering a call for a fire a Ford dealership next to D's auto body shop. D and another named Colson were indicted. After indictment, the two were free on bail and represented by counsel. Colson decided to turn informant, and the police tapped a number of calls from D to Colson. The police also tapped face to face conversations between D and Colson that were quit incriminating to D. The tapes and incriminating evidence were admitted during trial. D was found guilty. D appealed. The Maine Supreme Court reversed.

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