STATE v. COUTURE

No. 83-307.

502 A.2d 846 (1985)

STATE of Vermont v. Alvah C. COUTURE.

Supreme Court of Vermont.

September 6, 1985.


Attorney(s) appearing for the Case

John A. Rocray, Windham County State's Atty., and Susan K. Sively, Deputy State's Atty. (On the Brief), Brattleboro, for plaintiff-appellee.

William A. Nelson and Henry B. Hinton, Appellate Defenders, Montpelier, for defendant-appellant.

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


GIBSON, Justice.

Defendant appeals his convictions for kidnapping, 13 V.S.A. § 2401, and simple assault, 13 V.S.A. § 1023(a). He raises three claims on appeal: (1) although defendant was charged, in a single count, with forcibly confining five people, the court erroneously instructed the jury that defendant could be convicted for confining "any one of the five"; (2) the court erred in sustaining the Fifth Amendment claim asserted by a witness who had already...

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