STATE v. IBEY

No. 94-74.

352 A.2d 691 (1976)

STATE of Vermont v. Stephen L. IBEY.

Supreme Court of Vermont, Washington.

February 4, 1976.


Attorney(s) appearing for the Case

Robert W. Gagnon, Washington County State's Atty., and William F. Jankun, Deputy State's Atty., Montpelier, for plaintiff.

Robert Edward West, Defender Gen., and Charles S. Martin, App. Defender, Montpelier, for defendant.

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


BARNEY, Chief Justice.

The defendant was tried by court and convicted of knowingly and unlawfully possessing a regulated drug, marijuana, in violation of 18 V.S.A. § 4224(a). Before trial, a motion to suppress was heard by a district judge other than the judge hearing the case on the merits. Findings of fact were made and the motion denied. Thereafter, the defendant's attorney filed a motion for trial by court, signed only by him and not by defendant Ibey.

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