Legal Opinion
State v. MacHia
Supreme Court of Vermont
Decided September 21, 1990No. 87-404PublishedCited by 10 opinions
1Opinion of the CourtGibson, J.
Defendant appeals his simple assault conviction following trial by a jury of eleven persons. The issue on appeal is whether defendant effectively stipulated to a jury of eleven persons. We conclude that he did and therefore affirm.
In May of 1986, defendant was arraigned in Franklin District Court on charges of simple assault as the result of an incident in which he struck a police officer. Jury selection took place in May of 1987. Thirteen jurors were seated, providing just one alternate. Realizing that this might mean that defendant would eventually be tried by fewer than twelve jurors, the…
2Cases cited32 opinions
- Williams v. FloridaSupreme Court of the United States · 1970
- Garrett v. United StatesSupreme Court of the United States · 1985
- United States v. Richard Lowell Stratton, Steven Parness, Leonard Parness, and Bernard FarbarCourt of Appeals for the Second Circuit · 1985
- United States v. Gambino, Rosario, Erasmo Gambino, Antonio Gambino, and Anthony SpatolaCourt of Appeals for the Third Circuit · 1986
- Hudson v. StateSupreme Court of Georgia · 1983
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3Cited by10 opinions
- State v. StegallWashington Supreme Court · 1994
- State v. LovelandSupreme Court of Vermont · 1996
- State v. KenneyCourt of Appeals of Maryland · 1992
- Commonwealth v. SimmonsKentucky Supreme Court · 2013
- In re Mark JankowskiSupreme Court of Vermont · 2016
5 more not listed; retrieve them via the Exa API.