State v. Sargent

Defendant appeals from his kidnapping conviction under 13 V.S.A. § 2401, repealed by 1989, No. 293 (Adj. Sess.), § 8. * He contends that the trial court erroneously instructed the jury on the intent required for conviction under § 2401. We agree, and reverse and remand for a new trial.

The trial court’s instructions on intent were as follows:

[T]he State must prove that Mr. Sargent intended to confine Meg Howard. In this regard the State must prove either, one, that Mr. Sargent consciously desired to physically confine Meg Howard against her will, or, second, Mr. Sargent knew or should have…