State v. Verge

Leo Verge was convicted after a jury trial of burglary, 13 V.S.A. § 1201(a), and unlawful mischief, 13 V.S.A. § 3701(b). He raises multiple issues on appeal. We affirm the conviction of burglary, reverse the conviction of unlawful mischief, and remand.

Responding to a silent burglar alarm, police surrounded the American Legion Hall in Newport in the early morning hours of December 7, 1985. Leo Verge, the defendant, was inside. He surrendered when told to come out with his hands up. He explained at the scene he was only looking for a place to sleep. Later, at the police station, he said he had…