STATE v. WHITE

No. 141-79.

421 A.2d 1283 (1980)

STATE of Vermont v. Paul R. WHITE.

Supreme Court of Vermont.

September 8, 1980.


Attorney(s) appearing for the Case

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

James L. Morse, Defender Gen., William A. Nelson, Appellate Defender, Montpelier and Daniel Albert, Law Clerk, (on brief), for defendant.

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


PER CURIAM.

This is an appeal from a conviction for operating a motor vehicle while under the influence of intoxicating liquor. 23 V.S.A. § 1201(a)(2). Evidence of a blood-alcohol content of .16% by weight at the time of testing was introduced, and related back to the time of operation. This triggered the operation of 23 V.S.A. § 1204(a)(3), which allows the jury to find that the defendant was under the influence at the time of operation upon proof of .10...

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