STATE v. LAROSE

No. 277-78.

415 A.2d 210 (1980)

STATE of Vermont v. Ricky D. LAROSE.

Supreme Court of Vermont.

Dissenting Opinion April 16, 1980.


Attorney(s) appearing for the Case

David G. Miller, Franklin County State's Atty., and Edward D. Fitzpatrick, Deputy State's Atty., St. Albans, for plaintiff.

James L. Morse, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, and Steven P. Dunham, Public Defender, St. Albans, for defendant.

Before BARNEY, C. J., DALEY, BILLINGS and HILL, JJ., and COSTELLO, District Judge, Specially Assigned.


BILLINGS, Justice.

This is an appeal from a conviction on July 24, 1978, of a violation of 13 V.S.A. § 1201, for a burglary during the nighttime of June 13, 1978, in Enosburg, Vermont. The two issues presented are whether the evidence is sufficient to support the verdict and whether the State established that the search of the defendant's bedroom was made with his voluntary consent.

In the early hours of June 13, 1978, a store window was smashed. A woman...

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