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STATE v. BARON

No. 03-098.

848 A.2d 275 (2004)

2004 VT 20

STATE of Vermont v. Raymond BARON.

Supreme Court of Vermont.

February 27, 2004.

Attorney(s) appearing for the Case

Craig S. Nolan, Lamoille County Deputy State's Attorney, Hyde Park, for Plaintiff-Appellant.

Frederick L. Woeckener, Hyde Park, for Defendant-Appellee.

Present: AMESTOY, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. The State appeals a Lamoille District Court decision granting defendant's motion to dismiss charges that he violated the domestic assault statute, 13 V.S.A. § 1042. The State argues that the trial court erroneously construed § 1042 to require serious bodily injury in cases of parent-on-child assaults. We reverse.

¶ 2. The trial court dismissed this case pursuant to defendant's V.R.Cr.P. 12(d) motion for lack of a prima facie...

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