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Terms Used In Vermont Statutes Title 13 Sec. 14

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

§ 14. Lesser included offenses

(a) Upon indictment or information for any offense, a person may be convicted of a lesser included offense if supported by the evidence. If requested by either party, the jury shall be informed of the lesser included offense if supported by the evidence. The court, on its own motion, may raise the issue of a lesser included offense at a jury charge conference.

(b) If requested by either party, or in his or her discretion, the judge in a court trial shall consider a lesser included offense if supported by the evidence. (Added 1997, No. 153 (Adj. Sess.), § 1.)