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STATE v. GARDNER

No. 376-79.

433 A.2d 249 (1981)

STATE of Vermont v. Douglas A. GARDNER.

Supreme Court of Vermont.

Dissenting Opinion July 21, 1981.

Attorney(s) appearing for the Case

David G. Miller, Franklin County State's Atty., and Marianne Lipscombe, Deputy State's Atty., St. Albans, on the brief, for plaintiff.

James L. Morse, Defender Gen., William A. Nelson, Appellate Defender, and George Spangler, Montpelier, on the brief, for defendant.

Before LARROW, BILLINGS, HILL and UNDERWOOD, JJ., and DALEY, J. (Ret.), Specially Assigned.

BILLINGS, Justice.

The defendant was charged with breaking and entering in the nighttime, in violation of 13 V.S.A. § 1201. The only defense presented was diminished capacity due to voluntary intoxication. The defendant alleged that he wished to testify at his trial about what he remembered and what he could not remember on the night in question. This testimony would have related to his defense of diminished capacity...

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