STATE v. COVELL

No. 83-539.

503 A.2d 542 (1985)

STATE of Vermont v. John COVELL, Sr.

Supreme Court of Vermont.

October 25, 1985.


Attorney(s) appearing for the Case

Martha M. Smyrski, Rutland County Deputy State's Atty., Rutland, for plaintiff-appellee.

Nancy E. Kaufman, Montpelier, and Charles S. Martin, Barre, for defendant-appellant.

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


HILL, Justice.

The defendant, John Covell, Sr., appeals his conviction for aggravated assault, a violation of 13 V.S.A. § 1024(a)(1). We reverse and remand for a new trial.

This case arose out of an incident which occurred one evening outside a bar in Rutland. The complaining witness testified that he left the bar and was called over to a small car parked nearby. The defendant, who was behind the wheel of the car, allegedly began calling him "very filthy...

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