State v. Persuitti

Respondent was convicted, by jury trial, of knowingly and purposely causing bodily injury to another with a deadly weapon, i.e. a piece of metal pipe, in violation of 13 V.S.A. § 1024(2). This offense is commonly termed aggravated assault. He appeals his conviction, arguing that the trial court should have directed in his favor on the charge of aggravated assault, submitting to the jury only the crime of simple assault, and that there were trial errors in the admission of evidence and in the instructions and argument to the jury. We consider these claims in that order.

Appellant, who did not…