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STATE v. POWELL

No. 89-627.

608 A.2d 45 (1992)

STATE of Vermont v. Peter J. POWELL.

Supreme Court of Vermont.

April 3, 1992.

Attorney(s) appearing for the Case

Peter R. Neary, Rutland County Deputy State's Atty., Rutland, for plaintiff-appellee.

Robert Katims of Martin & Paolini, Barre, for defendant-appellant.

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

GIBSON, Justice.

Defendant Peter Powell appeals his conviction for assault and robbery, 13 V.S.A. § 608(a). He argues that the district court erred in refusing to instruct the jury that, if it had a reasonable doubt on whether he was guilty of assault and robbery or one of its lesser-included offenses, it must find him guilty only of the lesser offense. Defendant also argues that the court erred in its transitional instruction between the greater and lesser offenses...

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