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STATE v. WOODMANSEE

No. 316.

205 A.2d 407 (1964)

STATE of Vermont v. Bernard WOODMANSEE.

Supreme Court of Vermont. Chittenden.

December 1, 1964.

Attorney(s) appearing for the Case

Charles E. Gibson, Jr., Atty. Gen., St. Johnsbury, Chester S. Ketcham, Deputy Atty. Gen., Essex Junction, John J. Boylan, Jr., State's Atty., Burlington, Albert D. Pingree, Montpelier, on the brief, for the State.

Joseph C. McNeil, Burlington, for defendant.

Before HOLDEN, C. J., SHANGRAW, BARNEY, SMITH, JJ., and BROOKS, Superior Judge.

BARNEY, Justice.

The respondent was brought to trial on a five count information. In the middle of the fifth day of a six day trial, near the close of the State's case, the prosecutor moved to nol pros counts two and five, and to amend count three, of the information. These motions were granted over the strenuous objections of the respondent, and his motion for directed verdicts of acquittal on the nol prossed counts two and five was denied. The trial then proceeded...

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