Boutin (D) and Gary Moore were involved in a scuffle in front of Al's Pizza in Island Port Vermont. After the scuffle, D picked up a bottle from the trash and Moore grabbed a rock. Two town constables found D and Moore ten feet apart with D walking towards Moore and Moore backing up. D had the bottle raised over his head. At no time did D attempt to strike Moore with the bottle. D obeyed the request of the constables to put the bottle down. D was convicted of simple assault and appealed.

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