State v. Nicasio

In a rather unique case, respondent Nicasio was tried below on two informations, one charging him with grand larceny of a motor vehicle under 13 V.S.A. § 2501, and the other with burglary in the nighttime, in violation of 13 V.S.A. § 1201. He was acquitted on each charge, but on the first he was found guilty of operating an automobile without the consent of the owner, under 23 V.S.A. § 1094. On the second, he was found guilty of unlawful trespass under 13 V.S.A. § 3705. In each instance, by court instruction, the conviction was for a lesser included offense. V.R.Cr.P. 31(c); State v. Margie,…