STATE v. CURTIS

No. 89-621.

603 A.2d 356 (1991)

STATE of Vermont v. Benny E. CURTIS.

Supreme Court of Vermont.

December 20, 1991.


Attorney(s) appearing for the Case

Gary S. Kessler, Supervising Appellate Prosecutor, and Baldwin Chin, Intern (on the brief), Montpelier, for plaintiff-appellee.

Gary J. Karpin, Newport, for defendant-appellant.

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


MORSE, Justice.

Defendant shot a deer decoy and was convicted of attempting to take a wild deer out of season under 10 V.S.A. § 4745. His principal argument on appeal is that the defense of legal impossibility precludes a conviction under this statute and under Vermont's attempt statute, 13 V.S.A. § 9. He also contends that the trial court erred in refusing to instruct on the issue of entrapment and that he should be acquitted because the use of a deer decoy...

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