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STATE v. SARGENT

No. 90-037.

594 A.2d 401 (1991)

STATE of Vermont v. Charles A. SARGENT.

Supreme Court of Vermont.

May 10, 1991.

Attorney(s) appearing for the Case

William Sorrell, Chittenden County State's Atty., Burlington, and Pamela Hall Johnson, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Kenneth Schatz, Acting Defender Gen., and Anna Saxman, Appellate Atty., Montpelier, for defendant-appellant.

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

ALLEN, Chief Justice.

Defendant appeals from his kidnapping conviction under 13 V.S.A. § 2401, repealed by 1989, No. 293 (Adj.Sess.), § 8.* He contends that the trial court erroneously instructed the jury on the intent required for conviction under § 2401. We agree, and reverse and remand for a new trial.

The trial court's instructions on intent were as follows:

[T]he State must prove that Mr. Sargent...

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