State v. Hastings

(Ret.), Assigned. The respondent, Henry Hastings, was charged by information with disturbing the peace by use of the telephone pursuant to 13 V.S.A. § 1027. He was tried by jury and found guilty of eleven counts of violating 13 V.S.A. § 1027 in the District Court of Vermont, Unit No. 3, Lamoille Circuit.

Conviction under the statute requires a tripartite showing of the basic elements. The prosecution must present evidence demonstrating the use of a telephone by one who, with an intent to terrify, intimidate, threaten, harass, or annoy, makes a request, suggestion, or proposal which is obscene,…