State v. Harvey

This is a mandatory appeal, 13 V.S.A. § 7401; V.R.A.P. 3(b), from a conviction of first-degree murder, 13 V.S.A. §§ 2301, 2303, in the Caledonia Superior Court. Prior consideration of the appeal was delayed due to alleged gross inadequacies in the record. This Court, on motion, remanded the cause for determination of the accuracy of the record, V.R.A.P. 10(e), and ordered that a different judge preside over the proceedings on the remand in view of the probability that the judge who had presided at trial would be a necessary witness. See Isabelle v. Proctor Hospital, Inc., 132 Vt. 243, 246,…