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STATE v. COREY

No. 86-461.

561 A.2d 87 (1989)

STATE of Vermont v. Brian Jay COREY.

Supreme Court of Vermont.

Motion for Reargument Denied April 5, 1989.

Attorney(s) appearing for the Case

James P. Mongeon, Rutland County State's Atty., and Gary Shattuck, Law Clerk, (on the brief), Rutland, for plaintiff-appellee.

Charles S. Martin and John Boese, Law Clerk, on the brief, of Martin and Paolini, Barre, for defendant-appellant.

Before ALLEN, C.J., PECK, GIBSON, and DOOLEY, JJ., and KEYSER, J. (Ret.), Specially Assigned.

ALLEN, Chief Justice.

During the jury trial of defendant on charges of first degree murder and aggravated assault, jurors were improperly exposed to evidence while deliberating. The trial court, after a review of the facts and a conference with the attorneys, sua sponte declared a mistrial. Before the mistrial was announced in open court the jury reached a verdict. Indicating that he did not consider it to be the verdict of the case, the trial court judge received...

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