State v. Elkins

Defendant appeals from a jury verdict finding him guilty of simple assault on a police officer in violation of 13 V.S.A. §§ 1023(a)(1) and 1028. We affirm.

The parties do not dispute the events preceding the arrival of a Franklin County deputy sheriff at defendant’s home. At approximately 10:30 p.m. on a November, 1987 evening, the deputy parked near an intersection and sat in his cruiser running radar and completing paperwork. The radar gun indicated that a vehicle approaching the intersection was speeding. The vehicle turned onto the road where the cruiser sat and in so doing crossed the…