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STATE v. SWIFT

No. 02-414.

844 A.2d 802 (2004)

2004 VT 8A

STATE of Vermont v. Kent SWIFT.

Supreme Court of Vermont.

February 27, 2004.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and John Treadwell, Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Allison Fulcher of Martin and Associates, Barre, and Kent Swift, Pro Se, Jarratt, VA, for Defendant-Appellant.

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

¶ 1. JOHNSON, J.

Defendant appeals his conviction for one count of second-degree aggravated domestic assault in violation of 13 V.S.A. § 1044, and two counts of obstruction of justice for threatening a witness in violation of 13 V.S.A. § 3015. Defendant claims that the trial court erred by refusing to instruct the jury on simple assault, which is a lesser-included offense of second-degree aggravated domestic...

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