66 Vermont opinions name it 2 courts 1883–2025 5 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Moxley's Willgreen2 sentences1996If the charge as a whole “‘breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.’” Choiniere v. Sulikowski, 126 Vt. 274, 277 , 229 A.2d 305, 307 (1967) (quoting In re Moxley’s Will, 103 Vt. 100, 114 , 152 A. 713, 718 (1930)). 1996If the charge as a whole “‘breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.’” Choiniere v. Sulikowski, 126 Vt. 274, 277 , 229 A.2d 305, 307 (1967) (quoting In re Moxley’s Will, 103 Vt. 100, 114 , 152 A. 713, 718 (1930)). | 7 | 12 |
Fassett v. Town of Roxburygreen2 sentences1991Finding that the charge as a whole “breathes the true spirit and doctrine of the law,” Fassett v. Town of Roxbury, 55 Vt. 552, 556 (1883), we cannot agree that the isolated language complained of amounts to error. 1986State v. Miller, supra, 146 Vt. at 175 , 502 A.2d at 839 . “ ‘[I]f, as a whole [the charge] breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.’ ” State v. Bishop, 128 Vt. 221, 230 , 260 A.2d 393, 399 (1969) (quoting Fassett v. Town of Roxbury, 55 Vt. 552, 556 (1883)). | 6 | 14 |
Harris v. Carbonneaugreen2 sentences2006A jury charge will be upheld “[i]f the charge as a whole breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it.” Harris v. Carbonneau, 165 Vt. 433, 438 , 685 A.2d 296, 300 (1996) (internal quotation marks and citations omitted). 2006A jury charge will be upheld “[i]f the charge as a whole breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it.” Harris v. Carbonneau, 165 Vt. 433, 438 , 685 A.2d 296, 300 (1996) (internal quotation marks and citations omitted). | 5 | 7 |
Choiniere v. Sulikowskigreen2 sentences1996If the charge as a whole “‘breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.’” Choiniere v. Sulikowski, 126 Vt. 274, 277 , 229 A.2d 305, 307 (1967) (quoting In re Moxley’s Will, 103 Vt. 100, 114 , 152 A. 713, 718 (1930)). 1996If the charge as a whole “‘breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.’” Choiniere v. Sulikowski, 126 Vt. 274, 277 , 229 A.2d 305, 307 (1967) (quoting In re Moxley’s Will, 103 Vt. 100, 114 , 152 A. 713, 718 (1930)). | 5 | 5 |
State v. Streichgreen2 sentences2021“There is no error if the jury charge as a whole conveys the true spirit and doctrine of the law, and there is no fair ground to say the jury has been misled by it.” State v. Streich, 163 Vt. 331, 352-53 , 658 A.2d 38, 53 (1995) (quotation omitted). ¶ 32. 2021“There is no error if the jury charge as a whole conveys the true spirit and doctrine of the law, and there is no fair ground to say the jury has been misled by it.” State v. Streich, 163 Vt. 331, 352-53 , 658 A.2d 38, 53 (1995) (quotation omitted). ¶ 32. | 4 | 4 |
State v. Bishopgreen2 sentences1986State v. Miller, supra, 146 Vt. at 175 , 502 A.2d at 839 . “ ‘[I]f, as a whole [the charge] breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.’ ” State v. Bishop, 128 Vt. 221, 230 , 260 A.2d 393, 399 (1969) (quoting Fassett v. Town of Roxbury, 55 Vt. 552, 556 (1883)). 1986State v. Miller, supra, 146 Vt. at 175 , 502 A.2d at 839 . “ ‘[I]f, as a whole [the charge] breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.’ ” State v. Bishop, 128 Vt. 221, 230 , 260 A.2d 393, 399 (1969) (quoting Fassett v. Town of Roxbury, 55 Vt. 552, 556 (1883)). | 3 | 6 |
State v. Nortongreen2 sentences2004See State v. Norton, 147 Vt. 223, 235 , 514 A.2d 1053, 1061 (1986) (“If, as a whole the charge breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.”) (internal quotations and citations omitted). 2004See State v. Norton, 147 Vt. 223, 235 , 514 A.2d 1053, 1061 (1986) (“If, as a whole the charge breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it, it ought to stand.”) (internal quotations and citations omitted). | 3 | 4 |
Turgeon v. Schneidergreen2 sentences2017See Turgeon v. Schneider , 150 Vt. 268 , 276, 553 A.2d 548 , 553 (1988) (explaining that party "claiming error in jury instructions must establish not only that they were erroneous but that prejudice resulted," and no error will be found where jury charge "as a whole, ... breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it" (quotations omitted)). 2017See Turgeon v. Schneider , 150 Vt. 268 , 276, 553 A.2d 548 , 553 (1988) (explaining that party "claiming error in jury instructions must establish not only that they were erroneous but that prejudice resulted," and no error will be found where jury charge "as a whole, ... breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it" (quotations omitted)). | 3 | 3 |
State v. Rebideaugreen2 sentences1978In considering appellant’s challenge to the instructions given the jury by the court below, we must ask whether the charge, as a whole, “breathes the true spirit and doctrine of the law” or whether on the contrary there is “ground to say that the jury has been misled.” State v. Girouard, 135 Vt. 123, 139 , 373 A.2d 836, 847 (1977); State v. Bebideau, 132 Vt. 445, 454 , 321 A.2d 58, 64 (1974). 1978In considering appellant’s challenge to the instructions given the jury by the court below, we must ask whether the charge, as a whole, “breathes the true spirit and doctrine of the law” or whether on the contrary there is “ground to say that the jury has been misled.” State v. Girouard, 135 Vt. 123, 139 , 373 A.2d 836, 847 (1977); State v. Bebideau, 132 Vt. 445, 454 , 321 A.2d 58, 64 (1974). | 2 | 4 |
State v. Williamsgreen2 sentences1992Cf. State v. Williams, 154 Vt. 76, 81 , 574 A.2d 1264, 1267 (1990) (no error where charge as a whole breathes "the true spirit and doctrine of the law," and there is no reasonable basis to find that the jury was misled by it). 1992Cf. State v. Williams, 154 Vt. 76, 81 , 574 A.2d 1264, 1267 (1990) (no error where charge as a whole breathes "the true spirit and doctrine of the law," and there is no reasonable basis to find that the jury was misled by it). | 2 | 2 |
Winey v. William E. Dailey, Inc.green2 sentences2007If the charge as a whole "breathes the true spirit and doctrine of the law and there is no fair ground to say the jury has been misled, there is no ground for reversal." Id. (quotations omitted). 2007If the charge as a whole “breathes the true spirit and doctrine of the law and there is no fair ground to say the jury has been misled, there is no ground for reversal.” Id. (quotations omitted). | 1 | 3 |
State v. Jackowskigreen2 sentences2021See State v. Jackowski, 2006 VT 119, ¶ 4 , 181 Vt. 73 , 915 A.2d 767 (“A jury charge will be upheld if the charge as a whole breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it.” (alteration omitted) (quotation omitted)); see also Day, 150 Vt. at 123 , 549 A.2d at 1064 (“[A]ll that is required is that the court provide the jury with a charge that is full, fair, and correct on all issues, theories, and claims within the pleadings, so far as the evidence requires.” (quotation omitted)). 2009The essential inquiry, therefore, is whether the charge “undermines our confidence in the verdict.” State v. Jackowski, 2006 VT 119, ¶ 4 , 181 Vt. 73 , 915 A.2d 767 . ¶ 18. | 1 | 3 |
Laferriere v. Salibagreen2 sentences1965“If, as a whole, it breathes the true spirit and doctrine of the law and there is no' fair ground.to say that the jury has been misled by it, it ought to stand.” State v. Coburn, 122 Vt. 102, 110 , 165 A.2d 349 ; Laferriere v. Saliba, 119 Vt. 25 , 117 A.2d 380 . 1965“If, as a whole, it breathes the true spirit and doctrine of the law and there is no' fair ground.to say that the jury has been misled by it, it ought to stand.” State v. Coburn, 122 Vt. 102, 110 , 165 A.2d 349 ; Laferriere v. Saliba, 119 Vt. 25 , 117 A.2d 380 . | 1 | 3 |
In re Cohngreen2 sentences2025“When reviewing jury instructions, we look at the instructions as a whole to determine whether they capture the true spirit and doctrine of the law.” Irving v. Agency of Transp., 172 Vt. 527, 530 (2001) (citations and quotations omitted). 2004The propriety of a jury instruction depends upon whether the charge, as a whole and not piecemeal, captures “ ‘the true spirit and doctrine of the law.’” Irving v. Agency of Transp., 172 Vt. 527, 530 , 768 A.2d 1286, 1290 (2001) (mem.) (quoting Harris v. Carbonneau, 165 Vt. 433, 438 , 685 A.2d 296, 300 (1996)); Mobbs, 155 Vt. at 218 , 583 A.2d at 571 . | 1 | 2 |
State v. Pittsgreen2 sentences2018When reviewing jury instructions, this Court must "read the charge as a whole, rather than piecemeal, and will uphold the instruction where it breathes the true spirit and doctrine of the law and does not mislead the jury." State v. Pitts , 174 Vt. 21 , 23, 800 A.2d 481 , 483 (2002) (quotation omitted). 2018When reviewing jury instructions, this Court must "read the charge as a whole, rather than piecemeal, and will uphold the instruction where it breathes the true spirit and doctrine of the law and does not mislead the jury." State v. Pitts , 174 Vt. 21 , 23, 800 A.2d 481 , 483 (2002) (quotation omitted). | 1 | 2 |
State v. Jonesgreen2 sentences2016See State v. Jones, 2008 VT 67, ¶ 23 , 184 Vt. 150 , 955 A.2d 1190 (“If the jury charge as a whole breathes the true spirit and doctrine of the law, we will uphold it.”). 2016See State v. Jones, 2008 VT 67, ¶ 23 , 184 Vt. 150 , 955 A.2d 1190 (“If the jury charge as a whole breathes the true spirit and doctrine of the law, we will uphold it.”). | 1 | 2 |
State v. Valleygreen2 sentences1991“If as a whole the charge ‘breathes the true spirit and doctrine of the law’ and there is no fair ground to say the jury has been misled, there is no error.” Id. (quoting State v. Norton, 147 Vt. 223, 235 , 514 A.2d 1053, 1061 (1986)). 1991"If as a whole the charge `breathes *74 the true spirit and doctrine of the law' and there is no fair ground to say the jury has been misled, there is no error." Id. (quoting State v. Norton, 147 Vt. 223, 235 , 514 A.2d 1053, 1061 (1986)). | 1 | 2 |
State v. Shabazzgreen1 sentence2025In addition, the Vermont Supreme Court “‘will assign error only where the instructions undermine our confidence in the verdict.’” Id. (quoting State v. Shabazz, 169 Vt. 448, 450 (1999)). | 1 | 1 |
State v. Daygreen2 sentences2021See State v. Jackowski, 2006 VT 119, ¶ 4 , 181 Vt. 73 , 915 A.2d 767 (“A jury charge will be upheld if the charge as a whole breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it.” (alteration omitted) (quotation omitted)); see also Day, 150 Vt. at 123 , 549 A.2d at 1064 (“[A]ll that is required is that the court provide the jury with a charge that is full, fair, and correct on all issues, theories, and claims within the pleadings, so far as the evidence requires.” (quotation omitted)). 2021See State v. Jackowski, 2006 VT 119, ¶ 4 , 181 Vt. 73 , 915 A.2d 767 (“A jury charge will be upheld if the charge as a whole breathes the true spirit and doctrine of the law, and there is no fair ground to say that the jury has been misled by it.” (alteration omitted) (quotation omitted)); see also Day, 150 Vt. at 123 , 549 A.2d at 1064 (“[A]ll that is required is that the court provide the jury with a charge that is full, fair, and correct on all issues, theories, and claims within the pleadings, so far as the evidence requires.” (quotation omitted)). | 1 | 1 |
DeYoung v. Ruggeriogreen2 sentences2015See DeYoung v. Ruggiero, 2009 VT 9, ¶ 36 , 185 Vt. 267 , 971 A.2d 627 (stating that this Court reviews trial court jury instructions to determine whether they “convey the true spirit and doctrine of the law” (quotation omitted)). 2015See DeYoung v. Ruggiero, 2009 VT 9, ¶ 36 , 185 Vt. 267 , 971 A.2d 627 (stating that this Court reviews trial court jury instructions to determine whether they “convey the true spirit and doctrine of the law” (quotation omitted)). | 1 | 1 |
Callan v. Hackettgreen2 sentences2014Supra, ¶ 22. 9 Again, we look to the jury instruction as a whole, rather than any particular sentence, to see whether it “breathes the true spirit and doctrine of the law.” Callan v. Hackett, 170 Vt. 609, 609 , 749 A.2d 626, 628 (2000) (mem.) (quotation omitted). 2014Supra, ¶ 22. 9 Again, we look to the jury instruction as a whole, rather than any particular sentence, to see whether it “breathes the true spirit and doctrine of the law.” Callan v. Hackett, 170 Vt. 609, 609 , 749 A.2d 626, 628 (2000) (mem.) (quotation omitted). | 1 | 1 |
State v. Pelicangreen2 sentences2009Moreover, “[i]f the jury charge as a whole breathes the true spirit and doctrine of the law, we will uphold it.” Id.; see also State v. Pelican, 160 Vt. 536, 539 , 632 A.2d 24, 26 (1993). 2009Moreover, “[i]f the jury charge as a whole breathes the true spirit and doctrine of the law, we will uphold it.” Id.; see also State v. Pelican, 160 Vt. 536, 539 , 632 A.2d 24, 26 (1993). | 1 | 1 |
| Irving v. Agency of Transportationgreen | 1 | 1 |
| State v. Morrillgreen | 1 | 1 |
| State v. Lumbragreen | 1 | 1 |
| State v. Morsegreen | 1 | 1 |
| State v. Girouardgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Coburn
green
2 sentences1965“If, as a whole, it breathes the true spirit and doctrine of the law and there is no' fair ground.to say that the jury has been misled by it, it ought to stand.” State v. Coburn, 122 Vt. 102, 110 , 165 A.2d 349 ; Laferriere v. Saliba, 119 Vt. 25 , 117 A.2d 380 . 1965“If, as a whole, it breathes the true spirit and doctrine of the law and there is no' fair ground.to say that the jury has been misled by it, it ought to stand.” State v. Coburn, 122 Vt. 102, 110 , 165 A.2d 349 ; Laferriere v. Saliba, 119 Vt. 25 , 117 A.2d 380 . | 3 | 1963–1968 |
State v. Adams
green
2 sentences1975State v. Adams, 131 Vt. 413 , 306 A.2d 92 (1973); State v. Rebideau, 132 Vt. 445, 454 , 321 A.2d 58 (1974). 1975State v. Adams, 131 Vt. 413 , 306 A.2d 92 (1973); State v. Rebideau, 132 Vt. 445, 454 , 321 A.2d 58 (1974). | 2 | 1974–1975 |
Flanders v. Newport Trucking Co.
neutral
2 sentences1939Flanders v. Newport Trucking Co., 102 Vt. 437, 438 , 150 Atl. 128 ; Taylor v. Mayhew, 109 Vt. 251, 255 , 195 Atl. 249 . 1937“A charge is not to be tested piecemeal, but as a whole; and if, when so considered, it ‘breathes the true spirit and doctrine of the law’ it will be sustained unless we are convinced that the jury was misled.” Flanders v. Newport Trucking Co., 102 Vt. 437, 438 , 150 Atl. 128 ; Cummings v. Conn. Gen’l Life Ins. | 2 | 1937–1939 |
In Re Sawyer's Will
neutral
2 sentences1939Flanders v. Newport Trucking Co., 102 Vt. 437, 438 , 150 Atl. 128 ; Taylor v. Mayhew, 109 Vt. 251, 255 , 195 Atl. 249 . 1937“A charge is not to be tested piecemeal, but as a whole; and if, when so considered, it ‘breathes the true spirit and doctrine of the law’ it will be sustained unless we are convinced that the jury was misled.” Flanders v. Newport Trucking Co., 102 Vt. 437, 438 , 150 Atl. 128 ; Cummings v. Conn. Gen’l Life Ins. | 2 | 1937–1939 |
State v. Nathaniel R. Peatman
green
1 sentence2021“When reviewing jury instructions, this Court must read the charge as a whole, rather than piecemeal, and will uphold the instruction where it breathes the true spirit and doctrine of the law and does not mislead the jury.” Id. (quotation omitted). | 1 | 2021–2021 |
Currier v. Letourneau
green
2 sentences2018However, a trial court "is not required to make every comment that conceivably could be made on the issues and evidence" and "[t]he degree to which the court is to elaborate on the points charged lies within the sound exercise of its discretion." *1262 Currier v. Letourneau , 135 Vt. 196 , 204, 373 A.2d 521 , 527 (1977). ¶ 15. 2018However, a trial court "is not required to make every comment that conceivably could be made on the issues and evidence" and "[t]he degree to which the court is to elaborate on the points charged lies within the sound exercise of its discretion." *1262 Currier v. Letourneau , 135 Vt. 196 , 204, 373 A.2d 521 , 527 (1977). ¶ 15. | 1 | 2018–2018 |
Willard v. PARSONS HILL PARTNERSHIP
green
2 sentences2015The question of whether “latent” defects require actual notice was addressed by this Court in Willard v. Parsons Hill P’ship, 2005 VT 69 , 178 Vt. 300 , 882 A.2d 1213 . 2015The question of whether “latent” defects require actual notice was addressed by this Court in Willard v. Parsons Hill P’ship, 2005 VT 69 , 178 Vt. 300 , 882 A.2d 1213 . | 1 | 2015–2015 |
Knapp v. State
green
1 sentence2013We consider the jury instructions in their entirety, and if the “charge as a whole breathes the true spirit and doctrine of the law and there is no fair ground to say that the jury has been misled, it ought to stand.” Id. (quotation omitted). | 1 | 2013–2013 |
| Mobbs v. Central Vermont Railway, Inc. green | 1 | 2004–2004 |
| State v. Miller green | 1 | 1986–1986 |
| State v. Lapham green | 1 | 1979–1979 |
| Gould v. Gould neutral | 1 | 1963–1963 |
| Taylor v. Mayhew neutral | 1 | 1939–1939 |
| Landry v. Hubert green | 1 | 1937–1937 |
| Cummings v. Connecticut General Life Insurance green | 1 | 1937–1937 |
| Ide v. Boston & Maine Railroad green | 1 | 1917–1917 |
| Melendy v. Town of Bradford neutral | 1 | 1905–1905 |
| United States v. Cook green | 1 | 1898–1898 |
| State v. Butler green | 1 | 1898–1898 |
| State v. Barker neutral | 1 | 1898–1898 |
| State v. Abbey neutral | 1 | 1898–1898 |
| State v. Norton green | 1 | 1898–1898 |
| State v. Stokes green | 1 | 1898–1898 |
| State v. Smith neutral | 1 | 1898–1898 |
| State v. Stevenson neutral | 1 | 1898–1898 |
| State v. McCaffrey green | 1 | 1898–1898 |
| Bovee v. Town of Danville green | 1 | 1883–1883 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.