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State v. Bean
Vermont Supreme Court
149 A.3d 487 (2016)
- Written by Paul Neel, JD
Facts
Ronald Bean (defendant) punched a fellow resident of a residential mental-health facility in the head. The victim did not see the punch, only felt it. A staff member standing behind the victim witnessed the punch. The state (plaintiff) charged Bean with domestic assault. At trial, Bean argued that he and the victim were not household members, a requirement to prove domestic assault, because each resident had his own room. The state requested that the trial judge instruct the jury on simple assault as the lesser included offense. The jury acquitted Bean of domestic assault but convicted him of simple assault. Bean appealed.
Rule of Law
Issue
Holding and Reasoning (Reiber, C.J.)
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