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STATE v. WILCOX

No. 92-355.

628 A.2d 924 (1993)

STATE of Vermont v. Kevin WILCOX.

Supreme Court of Vermont.

May 21, 1993.

Attorney(s) appearing for the Case

Christopher C. Moll, Windham County Deputy State's Atty., Brattleboro, for plaintiff-appellee.

Sam Kono, Public Defender, Brattleboro, for defendant-appellant.

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

DOOLEY, Justice.

Defendant appeals from a jury conviction of disturbing the peace by use of the telephone, in violation of 13 V.S.A. § 1027(a). He argues that the court erred by instructing the jury that the intent required under the statute should be measured at the time the threat was made rather than at the time the call was placed. Relying on the same statutory argument, defendant also contends that the court erred...

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