Pleasant Grove City v. Terry
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The Supreme Court vacated Defendant's conviction on the offense of domestic violence in the presence of a child, holding that a jury could not both convict Defendant of the compound offense of domestic violence in the presence of a child and acquit him of the predicate offense of domestic violence assault.
Pleasant Grove City charged Defendant with one count of domestic violence assault and one count of commission of domestic violence in the presence of a child. A jury convicted Defendant on the offense of commission of domestic violence in the presence of a child but acquitted him of the offense that predicated the conviction - domestic violence assault. The trial judge did not intervene in the verdict. The Supreme Court vacated the conviction, holding that the verdict in this case was legally impossible and that vacatur of the verdict was required.
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