STATE v. MILLER

No. 83-279.

502 A.2d 832 (1985)

STATE of Vermont v. Timothy MILLER.

Supreme Court of Vermont.

Reargument Denied September 13, 1985.


Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., Elizabeth Grant Rome and Robert V. Simpson, Jr., Asst. Attys. Gen., David Tartter and Karen Corti, Law Clerk (on brief), Montpelier and Susan L. Fowler, Chittenden County Chief Deputy State's Atty., Burlington, for plaintiff-appellee.

Andrew B. Crane, Defender Gen. and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.

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


GIBSON, Justice.

Defendant appeals his conviction and sentence on a charge of second degree murder. Defendant raises six issues on appeal: (1) the State failed to prove defendant intentionally participated in a common criminal plan unlawfully to kill another human being; (2) the court erred in declining to instruct the jury that prior inconsistent statements of witnesses could be considered as substantive evidence, and not merely as impeachment; (3) the State's failure...

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