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Criminal Procedure Keyed to Miller
State v. Ronald Bean
Citation:
149 A.3d 487 (Vt. 2016)Facts
Bean (defendant) got into an altercation with a fellow resident at a facility for persons with mental illnesses. Bean was charged with domestic assault. At trial, Bean argued that he could not be convicted of domestic assault because the victim was not a household member as defined under the domestic assault statute. The State subsequently asked the court to instruct the jury on simple assault as a lesser-included offense of domestic assault because all the elements are the same except the household member requirement. The court instructed the jury on simple assault. The jury acquitted Bean of domestic assault but convicted him of simple assault.
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