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STATE v. CARPENTER

No. 89-221.

580 A.2d 497 (1990)

STATE of Vermont v. Gardner CARPENTER.

Supreme Court of Vermont.

August 10, 1990.

Attorney(s) appearing for the Case

Jane Woodruff, Orleans County State's Atty., Newport, and Pamela Hall Johnson and Gary S. Kessler, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Martin & Paolini, Barre, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.

GIBSON, Justice.

Defendant appeals from a conviction for aggravated assault on grounds that the State did not prove the element of a substantial risk of death and that the conviction was inconsistent with his acquittal on charges of sexual assault. We affirm.

Defendant was charged with sexually assaulting his 15-year-old adopted step-daughter (13 V.S.A. § 3252(a)(3)) and with causing her serious bodily harm (13 V.S.A. § 1024(a)(1)). The State based...

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