STATE v. MACHIA

No. 87-404.

583 A.2d 556 (1990)

STATE of Vermont v. Ephriam J. MACHIA.

Supreme Court of Vermont.

September 21, 1990.


Attorney(s) appearing for the Case

Howard E. VanBenthuysen, Franklin County State's Atty., and Peggy Larson, Law Clerk (on the brief), St. Albans, for plaintiff-appellee.

Nicholas L. Hadden and Peter M. Miller (on the brief) of Lynch and Hadden, St. Albans, for defendant-appellant.

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


GIBSON, Justice.

Defendant appeals his simple assault conviction following trial by a jury of eleven persons. The issue on appeal is whether defendant effectively stipulated to a jury of eleven persons. We conclude that he did and therefore affirm.

In May of 1986, defendant was arraigned in Franklin District Court on charges of simple assault as the result of an incident in which he struck a police officer. Jury selection took place in May of 1987. Thirteen...

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