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STATE v. BAIRD

No. 2004-509, October Term, 2005

908 A.2d 475 (2006)

2006 VT 86

State of Vermont v. Cynthia Baird

Supreme Court of Vermont

August 25, 2006.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and David Tartter, Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Peter F. Langrock and Devin McLaughlin of Langrock Sperry & Wool, LLP, Middlebury, for Defendant-Appellant.

PRESENT: Dooley, Johnson, Skoglund and Burgess, JJ., and Allen, C.J. (Ret.), Specially Assigned

SKOGLUND, J.

¶ 1. Defendant was convicted of second-degree murder after a jury trial in Rutland District Court. The district court denied her motions for judgment of acquittal and a new trial and sentenced her to a term of imprisonment of twenty years to life. She now appeals, arguing that the court erred in denying her post-trial motions because: (1) the State presented inconsistent theories of guilt and thus failed to prove its case beyond a reasonable doubt...

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