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STATE v. PRESTON

No. 227-73.

321 A.2d 37 (1974)

STATE of Vermont v. James M. PRESTON.

Supreme Court of Vermont, Addison.

June 4, 1974.

Attorney(s) appearing for the Case

John C. Deppman, State's Atty., for the State.

John A. Kelley, Middlebury, for defendant.

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

DALEY, Justice.

Pursuant to V.R.A.P. 5(a), the presiding judge of the District Court of Vermont, Unit No. 2, Addison Circuit, upon agreement of the parties, has reported the following question to this Court before entry of final judgment: "Is 41 milligrams of marijuana, concededly and by stipulation not a usable quantity, sufficient to sustain a conviction?"

The factual record presented with this question shows that...

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