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STATE v. CARPENTER

No. 163-78.

412 A.2d 285 (1980)

STATE of Vermont v. Gardner CARPENTER.

Supreme Court of Vermont.

February 5, 1980.

Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., and Richard A. Unger, Asst. Atty. Gen., Montpelier, for plaintiff.

James L. Morse, Defender Gen., and William A. Nelson, App. Defender, Montpelier, for defendant.

Before BARNEY, C. J., LARROW, BILLINGS and HILL, JJ., and SMITH, J. (Ret.), Specially Assigned.

BARNEY, Chief Justice.

This is a criminal prosecution in which the State has taken an interlocutory appeal under V.R.A.P. 5(b). The trial judge proposed to grant a motion by the defendant to dismiss the prosecution. The ground for the dismissal, and the principal question stated as controlling, concerns the constitutionality of the statute upon which the prosecution is based, 21 V.S.A. § 345. It reads:

Each employer who violates section 342 and 343 of...

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