STATE v. WILKINS

No. 82-152.

473 A.2d 295 (1983)

STATE of Vermont v. Mark WILKINS.

Supreme Court of Vermont.

December 29, 1983.


Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

Nancy E. Kaufman, Montpelier, for defendant-appellant.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.


HILL, Justice.

Defendant Mark Wilkins appeals his conviction for breaking and entering in the nighttime in violation of 13 V.S.A. § 1201. We agree with the defendant's contention that the trial court committed plain error by incorrectly instructing the jury on the burden of proving entrapment. We reverse his conviction on that point and therefore do not address the argument that the trial court's instruction regarding breaking and entering was erroneous.

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