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STATE v. BLAISE

No. 355-78.

418 A.2d 27 (1980)

STATE of Vermont v. Marshall BLAISE, Jr.

Supreme Court of Vermont.

June 3, 1980.

Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., Burlington, for plaintiff.

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

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

BILLINGS, Justice.

This is an appeal from the defendant's conviction by jury for breaking and entering in the nighttime in violation of 13 V.S.A. § 1201. The issues raised are whether the trial court erred in conducting portions of a suppression hearing in the presence of a testifying witness and whether the trial court erred in denying the defendant's motion for mistrial because certain information related to a suppressed out-of-court identification was elicited...

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