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STATE v. NICASIO

No. 55-77.

385 A.2d 1096 (1978)

STATE of Vermont v. Fred Daniel NICASIO.

Supreme Court of Vermont.

April 4, 1978.

Attorney(s) appearing for the Case

Dale O. Gray, Caledonia County State's Atty., and Louis J. Cattani, Deputy State's Atty., St. Johnsbury, for plaintiff.

Arthur H. Johnson, St. Johnsbury, for defendant.

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

LARROW, Justice.

In a rather unique case, respondent Nicasio was tried below on two informations, one charging him with grand larceny of a motor vehicle under 13 V.S.A. § 2501, and the other with burglary in the nighttime, in violation of 13 V.S.A. § 1201. He was acquitted on each charge, but on the first he was found guilty of operating an automobile without the consent of the owner, under 23 V.S.A. § 1094. On the second, he was found guilty of unlawful...

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