WELCH v. DISTRICT COURT OF VERMONT UNIT, ETC.

No. 653, Docket 79-2001.

594 F.2d 903 (1979)

Gene L. WELCH, Petitioner-Appellant, v. DISTRICT COURT OF VERMONT UNIT NO. 5, WASHINGTON COUNTY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 15, 1979.


Attorney(s) appearing for the Case

William A. Nelson, Appellate Defender, Montpelier, Vt., for petitioner-appellant.

Richard A. Unger, Asst. Atty. Gen., Montpelier, Vt. (M. Jerome Diamond, Atty. Gen., State of Vermont, Montpelier, Vt., of counsel), for respondent-appellee.

Before LUMBARD, MOORE and MANSFIELD, Circuit Judges.


PER CURIAM:

Gene L. Welch appeals from a judgment of the United States District Court for the District of Vermont, James S. Holden, Chief Judge, dismissing his petition for a writ of habeas corpus. We affirm.

Welch was convicted on June 13, 1977, after a jury trial in the Vermont state district court of driving while under the influence of intoxicating liquor on October 2, 1976. At the trial, pursuant to statutory authority, 23 V.S.A. § 1205(a),

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