Supreme Court of Vermont

State of Vermont v. Stephen Michael Derouchie

November 19, 1981140 Vt. 437

Summary

The Supreme Court of Vermont affirmed Stephen Derouchie’s conviction for operating a motor vehicle without the owner’s consent, holding that the circumstantial evidence was sufficient to prove operation beyond a reasonable doubt. The Court clarified that Vermont no longer requires the mandatory “exclude every reasonable hypothesis of innocence” charge in circumstantial‑evidence cases. Justice Billings concurred on the burden of proof but dissented on the result, arguing the State failed to prove the essential element of operation.