SMITH, Justice.
The defendant, John Emrick, was charged with breaking and entering the Seivwright Pharmacy in Montpelier, in the daytime, on November 24, 1968. Jury trial was held in the District Court, Unit 5, Washington Circuit, in Montpelier, on February 11, 12 and 13, 1970, and the jury returned a verdict of guilty. Judgment on the verdict was entered by the District Judge on February 13, 1970, and the defendant has taken his appeal here.
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