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STATE v. DUNKERLEY

No. 162-76.

365 A.2d 131 (1976)

STATE of Vermont v. Scott J. DUNKERLEY.

Supreme Court of Vermont.

October 5, 1976.

Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., Gregory A. McKenzie, Deputy Atty. Gen., Raymond L. Betts, Jr., Asst. Atty. Gen., Montpelier, and James W. Winner, Paralegal (on the brief), for plaintiff.

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

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

BARNEY, Chief Justice.

In the context of a first-degree murder charge, this Court has been asked to deny participation in that trial by the Assistant Judges of the County. A motion to that end was denied below, and the issue certified here as an interlocutory appeal under V.R.A.P. 5(b). Proceedings below were not stay pending this appeal.

The State moved to dismiss in this Court. The motion raised several issues: that the question was not now ripe for review...

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