STATE v. GALUSHA

No. 94-248.

665 A.2d 595 (1995)

STATE of Vermont v. Harold A. GALUSHA.

Supreme Court of Vermont.

August 4, 1995.


Attorney(s) appearing for the Case

William D. Wright, Bennington County State's Attorney, and Marcia J. Moss, Deputy State's Attorney, Bennington, for plaintiff-appellant.

Charles S. Martin of Martin & Paolini, Barre, for defendant-appellee.

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


MORSE, Justice.

The State appeals the dismissal of an attempted extortion charge against defendant Harold Galusha. It argues that "injury to the person" in 13 V.S.A. § 1701 includes injury other than physical harm and that the trial court should not have dismissed the charge for lack of a prima facie case. V.R.Cr.P. 12(d). We agree and reverse.

The State's information alleged that defendant delivered a letter to a female minor, in which he threatened...

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