STATE v. MARCY

No. 94-173.

680 A.2d 76 (1996)

STATE of Vermont v. Steven MARCY.

Supreme Court of Vermont.

March 22, 1996.


Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Attorney General, and Susan R. Harritt, Assistant Attorney General, Montpelier, for plaintiff-appellee.

Robert Appel, Defender General, and Anna Saxman, Appellate Defender, Montpelier, for defendant-appellant.

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


JOHNSON, Justice.

Defendant appeals his conviction by jury for simple assault. He argues that the trial court erred by (1) admitting the assault victim's tape-recorded statement as past recollection recorded, pursuant to V.R.E. 803(5), and (2) denying defendant's motion for judgment of acquittal pursuant to V.R.Cr.P. 29, because the sole evidence supporting defendant's conviction is past recollection recorded, which defendant argues does not meet the standards for...

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