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STATE v. HARBAUGH

No. 26-73.

326 A.2d 821 (1974)

STATE of Vermont v. Ray William HARBAUGH, Jr.

Supreme Court of Vermont, Windham.

October 1, 1974.

Attorney(s) appearing for the Case

M. Jerome Diamond, State's Atty., and James M. Ruschell, Deputy State's Atty., for the State.

Warren B. Rudman, Atty. Gen., and David W. Hess, Asst. Atty. Gen., for the State of New Hampshire, amicus curiae.

Robert Edward West, Defender Gen., Rutland and George E. Rice, Jr., Deputy Defender Gen., Montpelier, for defendant.

Before BARNEY, C. J., and SMITH, DALEY and LARROW, JJ., and SHANGRAW, C. J. (Ret.)

LARROW, Justice.

Respondent Harbaugh was convicted by jury trial in the District Court of Vermont, Unit No. 6, Windham Circuit, on two informations charging burglary in the nighttime and grand larceny. He seeks here, without protestation of innocence, a ruling that certain evidence against him, including a confession, should have been excluded below under the exclusionary rules rooted in Silverthorne Lumber Co. v. United States, 251 U.S. 385

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