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STATE v. BARRETT

No. 173-70.

290 A.2d 14 (1972)

STATE of Vermont v. Charles R. BARRETT.

Supreme Court of Vermont, Addison.

April 5, 1972.

Attorney(s) appearing for the Case

James M. Jeffords, Atty. Gen., and William T. Keefe, Asst. Atty. Gen., for the state.

Langrock & Sperry, Middlebury, for defendant.

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

SMITH, Justice.

Charles R. Barrett was indicted for the charge of first degree murder. Trial was by jury at the Franklin County Court on October 28 to November 1, 1969, resulting in a verdict of "guilty as charged." Upon appeal to this Court, the conviction was reversed, and a second trial was held in November, 1970, in the Addison County Court. The defendant was found guilty of murder in the second degree. Post conviction

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