STATE v. DELISLE

No. 92-039.

648 A.2d 632 (1994)

STATE of Vermont v. Wayne E. DELISLE.

Supreme Court of Vermont.

July 1, 1994.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

Peter F. Langrock and Mitchell L. Pearl of Langrock Sperry & Wool, Middlebury, for defendant-appellant.

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


MORSE, Justice.

Defendant appeals a jury conviction of second-degree murder. The principal issue is how the jury should be instructed when a lesser-included offense supported by the evidence is barred by the statute of limitations. We conclude that, in such a situation, the defendant should have a choice between foregoing an instruction on the lesser offense or obtaining an instruction informing the jury that, because the passage of time precludes prosecution for...

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