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STATE v. MITCHELL

No. 362-81.

458 A.2d 1089 (1983)

STATE of Vermont v. Jackson MITCHELL.

Supreme Court of Vermont.

February 7, 1983.

Attorney(s) appearing for the Case

Linda G. Mayer, Caledonia County Deputy State's Atty., St. Johnsbury, for plaintiff-appellee.

Gensburg & Axelrod, St. Johnsbury, for defendant-appellant.

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

PECK, Justice.

This is an appeal by defendant from a jury verdict which found him guilty of impeding and assaulting a law enforcement officer in violation of 13 V.S.A. §§ 1023, 1028 and 3001. Defendant raises two issues for our review: first, whether the victim of the assault, a deputy sheriff, was a law enforcement officer within the meaning of the controlling statutes; secondly, defendant contends the court erred in refusing to charge the jury on the issue...

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