State v. Swift

¶ 1. 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 assault. Alternatively, defendant asserts that the jury instruction impermissibly limited the jury’s ability to doubt the complaining witness’s credibility, and thereby violated his constitutional…