STATE v. MOFFITT

No. 89-517.

592 A.2d 894 (1991)

STATE of Vermont v. Eric MOFFITT.

Supreme Court of Vermont.

April 19, 1991.


Attorney(s) appearing for the Case

William D. Wright, Bennington County State's Atty., and Matthew Pifer, Deputy State's Atty., Bennington, for plaintiff-appellee.

E.M. Allen, Defender Gen., and Kerry DeWolfe and William Nelson, Appellate Attys., Montpelier, for defendant-appellant.

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


MORSE, Justice.

In this appeal from a conviction for selling a stolen rifle, we reverse and remand for a new trial because the court erroneously instructed the jury on the element of knowledge.

Defendant was charged under 13 V.S.A. § 2561(b), making it a crime for a person to sell stolen property "knowing the same to be stolen." The court charged the jury, in effect, that knowledge is proved if defendant should have known, given all the facts and circumstances...

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