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STATE v. FRANKLIN

No. 231-77.

396 A.2d 138 (1978)

STATE of Vermont v. Frederick George FRANKLIN.

Supreme Court of Vermont.

November 17, 1978.

Attorney(s) appearing for the Case

Dale O. Gray, Caledonia County State's Atty., and Christopher B. Leopold, Law Clerk (on brief), St. Johnsbury, for plaintiff.

James L. Morse, Defender Gen., Charles S. Martin, Appellate Defender, David W. Curtis, Acting Appellate Defender, and William A. Nelson, Montpelier (on brief), for defendant.

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

BARNEY, Chief Justice.

This case must be reversed for failure to accord a speedy trial as required by the Sixth Amendment of the United States Constitution and Chapter I, Article 10 of the Vermont Constitution. The motion to that effect was denied below and the matter went to trial. The defendant was convicted and given a suspended sentence with probation.

The case began when the defendant was cited on September 9, 1975, to appear in court on September 29...

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