STATE v. D'AMICO

No. 123-76.

385 A.2d 1082 (1978)

STATE of Vermont v. Gerald W. D'AMICO.

Supreme Court of Vermont.

April 4, 1978.


Attorney(s) appearing for the Case

Gregory W. McNaughton, Washington County State's Atty. and Brian J. Grearson, Deputy State's Atty., Montpelier, for plaintiff.

Cheney, Brock & Sidel, Montpelier, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


DALEY, Justice.

The respondent was convicted of a violation of 13 V.S.A. § 1024(a)(2). The facts of this case are not seriously disputed and may be summarized as follows. On the day of the alleged offense the respondent sat at home drinking beer while his girlfriend attended a local music festival with one James Holiday. When they returned in the early evening, the respondent threatened to "take a gun" to Holiday the next time. After consuming a quantity of wine...

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