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STATE v. PETERS

No. 84-415.

518 A.2d 28 (1986)

STATE of Vermont v. Leland PETERS.

Supreme Court of Vermont.

October 3, 1986.

Attorney(s) appearing for the Case

Raymond G. Bolton, Bennington County State's Atty., Bennington, for plaintiff-appellee.

David A. Howard, Bennington County Public Defender, Bennington, for defendant-appellant.

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

PECK, Justice.

Defendant appeals a conviction after a jury trial of simple assault upon his estranged wife, 13 V.S.A. § 1023. We affirm.

The first issue on appeal concerns an instruction given by the trial court to the jury which had not been requested by defendant, relating to defendant's testimony. It stated as follows:

The defendant in this case has chosen to testify. He has no duty to do so and he could not have been required to do so. That...

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