State v. Powell

Defendant Peter Powell appeals his conviction for assault and robbery, 13 V.S.A. § 608(a). He argues that the district court erred in refusing to instruct the jury that, if it had a reasonable doubt on whether he was guilty of assault and robbery or one of its lesser-included offenses, it must find him guilty only of the lesser offense. Defendant also argues that the court erred in its transitional instruction between the greater and lesser offenses. We affirm.

The State charged that defendant committed assault and robbery by stealing money from the victim while threatening him with a knife.…