STATE v. McGRAIL

No. 190-73.

353 A.2d 342 (1976)

STATE of Vermont v. Merrill A. McGRAIL.

Supreme Court of Vermont.

February 3, 1976.


Attorney(s) appearing for the Case

Stephen W. Webster, State's Atty., Randolph, for plaintiff.

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

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


DALEY, Justice.

The defendant was tried and convicted upon an officer's complaint which alleged that on February 4, 1973, in Randolph, Vermont, he was in the physical control of an automobile or motor vehicle while under the influence of intoxicating liquor. He now appeals from that conviction upon the ground that the complaint failed to allege that the act charged was committed upon a public highway. He claims that absent such an allegation the complaint was legally...

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