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STATE v. WATSON

No. 311-79.

413 A.2d 806 (1980)

STATE of Vermont v. Charles F. WATSON.

Supreme Court of Vermont.

April 8, 1980.

Attorney(s) appearing for the Case

John A. Rocray, Windham County State's Atty. and Linda Levitt, Deputy State's Atty., Brattleboro (on the brief), for plaintiff.

Witten & Carter, Bennington and Robert L. Weinberg and Kendra E. Heymann of Williams & Connolly, Washington, D. C., for defendant.

Before BARNEY, C. J., DALEY, BILLINGS and HILL, JJ., and COSTELLO, D. J., specially assigned.

HILL, Justice.

Defendant was originally charged, in a two count information, with burglary in the nighttime in violation of 13 V.S.A. § 1201, and with aggravated assault in violation of 13 V.S.A. § 1024(a)(2). He moved, pursuant to V.R.Cr.P. 12(e), to dismiss both charges. Before a hearing on these motions could be had, however, the State dismissed the burglary charge. A hearing was subsequently held on defendant's motion to dismiss the charge of aggravated...

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