State v. Sturgeon

The defendant was charged with the crime of simple assault by recklessly causing bodily injury to another. 13 Y.S.A. § 1023(a) (1). By agreement of the parties, who believe 13 V.S.A. § 1023 (b) sets forth a lesser included crime of simple assault by mutual consent, the court submitted the case to the jury with instructions relating to the evidence on a greater and a lesser offense. The jury found the defendant guilty of simple assault by mutual consent. Judgment was entered on the verdict, and she was sentenced to 0 to 60 days, suspended, and ordered to make restitution of $150.00. Defendant…