State v. Boutin
| Decision Date | 07 October 1975 |
| Docket Number | No. 246-74,246-74 |
| Citation | 346 A.2d 531,133 Vt. 531 |
| Parties | STATE of Vermont v. Raymond L. BOUTIN. |
| Court | Vermont Supreme Court |
Dale O. Gray, Essex County Deputy State's Atty., St. Johnsbury, for plaintiff.
Robert Edward West, Defender Gen., and Charles S. Martin, Appellate Defender, Montpelier, for defendant.
Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.
After trial by jury, Raymond Boutin was tried and convicted in the District Court of Vermont, Unit No. 4, Essex Circuit, under an unartfully drawn officer's complaint, charging simple assault in violation of 13 V.S.A. § 1023(a)(1) in that he did then and there attempt to cause bodily injury to another. The defendant seasonably moved for directed verdicts at the close of the State's case and again at the close of all of the evidence, both of which were denied. He now appeals on the ground that even taking the evidence in the light most favorable to the State, the jury could not have found the defendant guilty beyond a reasonable doubt of attempting to cause bodily injury to another.
The facts disclose that on the evening of August 29, 1973, the defendant and Gary Moore were involved in a scuffle in front of Al's Pizza in Island Pond, Vermont. Following the scuffle, the defendant picked up a bottle from a trash can nearby, while Moore grabbed a rock from the street. Two town constables heard the disturbance and, on investigating, found the defendant and Moore ten feet apart, with the defendant walking towards Moore with the bottle raised over his head and Moore backing away across the street. The constables requested the defendant to put down the bottle, and then the defendant turned on the officers. At no time did the defendant attempt to strike Moore or to throw the bottle or lunge towards Moore, nor did he ever get in closer proximity than ten feet.
The simple assault statute, 13 V.S.A. § 1023, was amended by the Legislature in 1971 and the part pertinent here reads as follows:
§ 1023. Simple Assault.
(a) A person is guilty of simple assault if he:
(1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; . . .
To constitute an attempt to commit a crime, the act must be of such a character as to advance the conduct of the actor beyond the sphere of mere intent. It must reach far enough towards the accomplishment of the desired result to amount to the commencement of the consummation. State v. Hurley, 79 Vt. 28, 31, ...
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State v. Sawyer
...a bottle over his head and advancing on a second, retreating person during an argument had attempted to commit an assault. 133 Vt. 531, 346 A.2d 531 (1975). This Court held that defendant's actions did not amount to an attempt: "To constitute an attempt to commit a crime, the act must be of......
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State v. Devoid
...areas was possible, however, is insufficient for the jury to find defendant guilty of attempted voyeurism. Cf. State v. Boutin, 133 Vt. 531, 533, 346 A.2d 531, 532 (1975) (noting that "the holding of a bottle in one hand ten feet from the intended victim does not make it likely to end in th......
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State v. Sawyer
...a bottle over his head and advancing on a second, retreating person during an argument had attempted to commit an assault. 133 Vt. 531, 346 A.2d 531 (1975). This Court held that defendant's actions did not amount to an attempt: "To constitute an attempt to commit a crime, the act must be of......
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State v. Synnott
...enough toward accomplishing `the desired result to amount to the commencement of the consummation.'" Id. (quoting State v. Boutin, 133 Vt. 531, 533, 346 A.2d 531, 532 (1975)). Further, once the actor has committed the requisite overt act, the offense is complete, and abandonment of the ente......
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§ 27.02 GENERAL PRINCIPLES
...175.[18] . Carter v. Commonwealth, 594 S.E.2d 284, 288 (Va. Ct. App. 2004), aff'd, 606 S.E.2d 839 (Va. 2005).[19] . E.g., State v. Boutin, 346 A.2d 531 (Vt. 1975) (in a scuffle, B walked toward V with a bottle raised over his head, apparently with the intention of striking V with it; the po......
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§ 27.02 General Principles
...at 175.[18] Carter v. Commonwealth, 594 S.E.2d 284, 288 (Va. Ct. App. 2004), aff'd, 606 S.E.2d 839 (Va. 2005).[19] E.g., State v. Boutin, 346 A.2d 531 (Vt. 1975) (in a scuffle, B walked toward V with a bottle raised over his head, apparently with the intention of striking V with it; the pol......
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TABLE OF CASES
...1985), 558 Bostic v. United States, 94 F.2d 636 (D.C. Cir. 1937), 484 Bouie v. City of Columbia, 378 U.S. 347 (1964), 42 Boutin, State v., 346 A.2d 531 (Vt. 1975), 358 Bowell v. State, 728 P.2d 1220 (Alaska Ct. App. 1986), 452 Bowling, State v., 427 P.2d 928 (Ariz. Ct. App. 1967), 409 Bowma......