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STATE v. STEVENS

No. 148-78.

408 A.2d 622 (1979)

STATE of Vermont v. William STEVENS.

Supreme Court of Vermont.

September 17, 1979.

Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., and Sandra L. Baird, Deputy State's Atty., Burlington, for plaintiff.

Blodgett & McCarren, Burlington, for defendant.

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

DALEY, Justice.

The defendant was convicted of a violation of 23 V.S.A. § 1201(a)(2), operating a motor vehicle on a highway while under the influence of intoxicating liquor. The State's evidence was based on the testimony of the arresting officer and the results of a breath test, which showed 0.18 of alcohol in the defendant's blood. On appeal, he claims prejudice arising out of his trial by a jury that had been impaneled and sworn sixteen days prior to hearing...

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