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STEWART v. SMITH

No. 142-69.

274 A.2d 504 (1971)

Gordon STEWART v. Robert SMITH, Warden.

Supreme Court of Vermont, Windsor.

February 9, 1971.

Attorney(s) appearing for the Case

William M. McCarty, Jr., Brattleboro, for plaintiff.

Frank G. Mahady, State's Atty., for the State.

Before HOLDEN, C. J., and BARNEY, SMITH and KEYSER, JJ., and LARROW, Superior Judge.

BARNEY, Justice.

In response to a petition from the respondent, the Windsor County Court set aside the original sentence imposed on conviction of a violation of 18 V.S.A. § 4224(d), a felony. That sentence called for a term of 15 to 19 months in the house of correction, and a $2000 fine, or an additional 2000 days in lieu thereof. The county court ruled that the sentence was in excess of the maximum permitted by law, and ordered resentencing. The original sentence...

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