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STATE v. BENOIT

No. 90-420.

609 A.2d 230 (1992)

STATE of Vermont v. Lansing BENOIT.

Supreme Court of Vermont.

Motion for Reargument Denied April 23, 1992.

Attorney(s) appearing for the Case

William Sorrell, Chittenden County State's Atty., and Pamela Hall Johnson, Deputy State's Atty., Burlington, for plaintiff-appellee.

E.M. Allen, Defender Gen., Kerry B. DeWolfe and William Nelson, Appellate Attys., and Marie Buckley, Law Clerk (on the brief), Montpelier, for defendant-appellant.

ALLEN, C.J., GIBSON, DOOLEY and MORSE, JJ., and PECK, J. (Ret.), Specially Assigned.

ALLEN, Chief Justice.

Defendant appeals his conviction for lewd and lascivious behavior in violation of 13 V.S.A. § 2601. He claims that (1) there was no evidence that his actions were "open," as required by § 2601, (2) the state police prejudiced him by destroying notes of witness interviews, and (3) the trial court improperly instructed the jury to "seek the truth." We affirm.

Testimony at trial showed that two girls, B.H., age 11, and D.P., age...

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