STATE v. CORLISS

No. 85-106.

539 A.2d 557 (1987)

STATE of Vermont v. Diane CORLISS.

Supreme Court of Vermont.

December 18, 1987.


Attorney(s) appearing for the Case

Robert Andres, Chittenden Co. Deputy State's Atty., and Andrew Lichtenberg, Law Clerk, on the brief, Burlington, for plaintiff-appellee.

David W. Curtis, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.

Before ALLEN, C.J., PECK, J., BARNEY, C.J. (Ret.) and KEYSER, J. (Ret.), Specially Assigned.


PECK, Justice.

Defendant appeals from her conviction for burglary following trial by jury in the Vermont District Court. We reverse and remand for a new trial.

Defendant raises two issues for consideration. She argues that the incident in question was comprised of two allegedly criminal acts rather than one and that either the State should have been required to elect the act it intended to rely upon for conviction, or the court should have required the jury...

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