State v. Persuitti

The defendant, Anthony Persuitti, is charged by the State of Vermont with violations of 13 V.S.A. § 1201 (breaking and entering into a dwelling house in the nighttime) and 13 V.S.A. § 2503 (larceny from the person), both crimes allegedly having taken place in the home of Frederick Spencer in South Burlington, Vermont.

At the time of trial, on May 9,1972, the lower court granted the motion of the State to consolidate both charges for trial over the objections of the defendant, a jury was drawn, and trial proceeded. After the jury had returned a verdict of guilty on the breaking and entering…