
    STATE of Maine v. Michael PARKER.
    Supreme Judicial Court of Maine.
    Nov. 3, 1977.
    Henry N. Berry, III, Dist. Atty., Peter G. Ballou, Deputy Dist. Atty., Jeffrey Alba-nese, Law Student (orally), Portland, for plaintiff.
    Nisbet, MacNichol & Ludwig by Alexander MacNichol, South Portland (orally), for defendant.
    Before McKUSICK, C. J., and POMER-OY, WERNICK, ARCHIBALD, DELA-HANTY, GODFREY and NICHOLS, JJ.
   PER CURIAM.

This matter comes here on appeal by the Defendant from his conviction in the court below of the sale of a potent medicinal substance, valium, in violation of 22 M.R. S.A. § 2210. He alleges error in the denial by that court of his motion for a new trial, based upon newly discovered evidence, brought pursuant to Rule 33, M.R.Cr.P.

The Defendant was accorded a full evi-dentiary hearing in the court below. The denial of his motion was essentially a determination of fact. It was not clearly erroneous. State v. Sawyer, 314 A.2d 830, 834 (Me.1974).

The entry must be:

Appeal denied.

All Justices concur.  