STATE v. MARTEL

No. 77-81.

453 A.2d 1112 (1982)

STATE of Vermont v. Maurice Armand MARTEL.

Supreme Court of Vermont.

November 2, 1982.


Attorney(s) appearing for the Case

Susan R. Via, Chittenden County Chief Deputy State's Atty., Harold E. Eaton, Deputy State's Atty., and Michael Seibert, Law Clerk (on brief), Burlington, for plaintiff-appellee.

John J. Bergeron and Kevin G. Bradley of Desautels & Bergeron, Inc., Burlington, for defendant-appellant.

Before BILLINGS, HILL, UNDERWOOD and PECK, JJ., and LARROW, J. (Ret.), Specially Assigned.


UNDERWOOD, Justice.

Defendant, a retired dairy farmer, appeals his conviction of aggravated assault. The type of assault charged was that he intended to prevent a game warden from performing a lawful duty by causing him physical injury. 13 V.S.A. § 1024(a)(4).

As grounds for appeal the defendant claims, inter alia, that the State failed to establish beyond a reasonable doubt that the warden was performing a lawful duty when he was physically injured...

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