State v. Patch

Stanley Patch, the defendant, was convicted in a jury trial of unlawful mischief, a violation of 13 V.S.A. § 3701(c). 1 The defendant appealed his conviction, setting forth four claimed grounds for reversal: (1) the defendant was privileged to use force to remove a continuing trespass, (2) the crime of unlawful mischief is a specific intent crime requiring a showing of malice on the part of the defendant, (3) the defendant lacked even a general intent to commit unlawful mischief, and (4) the trial court erred in refusing either to provide the jury with a copy of its jury instructions, or to…