State v. Reuschel

The respondent was convicted of first degree murder of Leopold Charette on July 25, 1970, by verdict of the Chittenden County jury on January 27, 1971. He was a minor at the time of trial and the court appointed respondent’s aunt as his guardian ad litem. The court stayed judgment, sentence and execution pending appeal under 13 V.S.A. § 7401. The respondent contends there was error in four respects: (1) prejudicial error by the instruction of the court to the jury on voir dire that the death penalty could not be imposed in the case; (2) insufficient evidence of premeditation; (3)…