State v. Bonilla

After a trial by jury, defendant was convicted of second degree arson, 13 V.S.A. § 503, and of burning to defraud an insurer, 13 V.S.A. § 506. In his appeal from the judgment of the District Court of Vermont, Unit No. 1, Rutland Circuit, two issues are presented: (1) whether the two-count information charging defendant with violations of §§ 503 and 506 was duplicitous in that each count joined three distinct acts; and (2) whether thé prosecution’s failure to elect the act upon which it intended to rely for conviction deprived defendant of his right to a fair trial. We find the failure of,the…