State v. Corliss

Defendant appeals from her conviction for burglary following trial by jury in the Vermont District Court. We reverse and remand for a new trial.

Defendant raises two issues for consideration. She argues that the incident in question was comprised of two allegedly criminal acts rather than one and that either the State should have been required to elect the act it intended to rely upon for conviction, or the court should have required the jury to return a special verdict. Defendant also assigns error to the trial court’s failure to instruct the jury pursuant to V.RCr.P. 26(c) that proof of the…