State v. Covell

The defendant, John Coveil, Sr., appeals his conviction for aggravated assault, a violation of 13 V.S.A. § 1024(a)(1). We reverse and remand for a new trial.

This case arose out of an incident which occurred one evening outside a bar in Rutland. The complaining witness testified that he left the bar and was called over to a small car parked nearby. The defendant, who was behind the wheel of the car, allegedly began calling him “very filthy names” in an effort to provoke him. The complaining witness claimed that he then turned to go back across the street and was struck from behind. He…