STATE v. BOURASSA

No. 23-78.

399 A.2d 507 (1979)

STATE of Vermont v. Patrick BOURASSA.

Supreme Court of Vermont.

February 6, 1979.


Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., and Susan R. Via, Deputy State's Atty., Burlington (on the brief), for plaintiff.

James L. Morse, Defender General, William A. Nelson, Appellate Defender, Montpelier, and Steve Dunham, Law Clerk (on the brief), for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


DALEY, Justice.

The defendant appeals from a jury verdict and subsequent judgment of the district court finding him guilty of the crime of breaking and entering in the nighttime in violation of 13 V.S.A. § 1201.

The record reveals the following facts:

Near midnight on July 10, 1977, a woman who lived some 150 to 200 feet away from Tom's Pharmacy in Colchester, Vermont, spotted two men on the roof of the pharmacy and called the police. From where...

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