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STATE v. KASPER

No. 324-76.

404 A.2d 85 (1979)

STATE of Vermont v. John Eugene KASPER, Jr.

Supreme Court of Vermont.

April 5, 1979.

Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for plaintiff.

James L. Morse, Defender Gen., Charles S. Martin, App. Defender, Montpelier, and Kenneth Ampel and Richard Peyster, Law Clerks (on brief), for defendant.

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

HILL, Justice.

In the early evening of December 27, 1975, two masked men entered a small market in Winooski, Vermont. A gun was fired, and one of the men announced their intention to rob the store. After emptying the cash register, they forcibly took money from two patrons, pistol whipping one of them in the process. There were five persons in the market during the robbery.

This appeal is brought by John Eugene Kasper, Jr., who, after trial by jury, has been...

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