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IN RE OVITT

No. 494.

229 A.2d 243 (1967)

In re Herbert E. OVITT.

Supreme Court of Vermont. Essex.

April 4, 1967.

Attorney(s) appearing for the Case

Herbert E. Ovitt, pro se.

Chester S. Ketcham, Sp. Counsel for Atty. Gen., Middlebury, for the State.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

PER CURIAM.

While the appeal in State v. Ovitt, Vt., 229 A.2d 237, was pending, the respondent appellant presented a motion to vacate his sentence. The motion was brought under the provisions of 13 V.S.A. § 7131 (1966, No. 41 § 1a). It attacks the validity of the information, claiming the Deputy Attorney General was without lawful authority to institute the prosecution. This point is considered in the appeal from his conviction...

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