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STATE v. PATCH

No. 83-025.

488 A.2d 755 (1985)

STATE of Vermont v. Stanley F. PATCH, Sr.

Supreme Court of Vermont.

January 18, 1985.

Attorney(s) appearing for the Case

William S. Bos, Windsor County State's Atty., and Bruce Pasfield, Law Clerk (on brief), White River Junction, for plaintiff-appellee.

William J. Donahue, White River Junction, for defendant-appellant.

Before HILL, UNDERWOOD, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

Stanley Patch, the defendant, was convicted in a jury trial of unlawful mischief, a violation of 13 V.S.A. § 3701(c).1 The defendant appealed his conviction, setting forth four claimed grounds for reversal: (1) the defendant was privileged to use force to remove a continuing trespass, (2) the crime of unlawful mischief is a specific intent crime requiring a showing of malice on the part of the defendant, (3) the...

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