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STATE v. MESSIER

No. 84-224.

497 A.2d 740 (1985)

STATE of Vermont v. Clifford MESSIER.

Supreme Court of Vermont.

May 14, 1985.

Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., Glenn A. Jarrett, Asst. Atty. Gen., Montpelier, Philip H. White, Orleans County State's Atty., Thomas D. Anderson, Deputy State's Atty., and Timothy Collins, Law Clerk (on brief), Newport, for plaintiff-appellant.

Andrew B. Crane, Defender Gen., and David W. Carpenter and Henry Hinton, Appellate Defenders, Montpelier, for defendant-appellee.

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

ALLEN, Chief Justice.

This is an interlocutory appeal from a decision of the Orleans District Court, holding Vermont's insanity defense statute, 13 V.S.A. § 4801(b), unconstitutional. Clifford Messier, the defendant, stands charged with murder in the first degree. During pretrial proceedings, Messier gave notice of his intention to rely upon a defense of insanity, in accordance with V.R. Cr.P. 12.1, and then requested the court to instruct the jury that the State...

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