STATE v. BURACK

No. 91-74.

346 A.2d 192 (1975)

STATE of Vermont v. Stephen J. BURACK.

Supreme Court of Vermont.

October 7, 1975.


Attorney(s) appearing for the Case

Robert W. Gagnon, State's Atty. and Gregory W. McNaughton, Deputy State's Atty., Washington County, Montpelier, for plaintiff.

John F. Nicholls, Office of Joseph C. Palmisano, Barre, for defendant.

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


BARNEY, Chief Justice.

A jury found the defendant guilty of operating a motor vehicle with a blood alcohol level in excess of .10 per cent, in violation of 23 V.S.A. § 1201. He attacks the conviction on an evidentiary issue.

His blood alcohol level was testified to be based on an analysis of his breath by a testing device known as a gas chromatograph. The breath sample was collected for testing by a device called a crimper, operated in this case by a...

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