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STATE v. SAVO

No. 300-80.

433 A.2d 292 (1981)

STATE of Vermont v. Danny SAVO.

Supreme Court of Vermont.

June 2, 1981.

Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., Nancy G. Sheahan, Deputy State's Atty., and Timothy U. Martin, Law Clerk, on the brief, Burlington, for plaintiff.

James L. Morse, Defender Gen., William A. Nelson, Appellate Defender, Stephen Gould, and Danforth Cardozo, III, Law Clerk, on the brief, Montpelier, for defendant.

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

LARROW, Justice.

A few minutes before 3:00 a. m. on May 17, 1980, a woman who lived across from a Burlington restaurant awoke to the sound of breaking glass. Upon looking out her window she saw the defendant, whom she knew, picking glass out of one of the restaurant windows. A car approached and the defendant fled. The woman called the police; while on the phone she noticed the defendant had returned and entered the restaurant. The police arrived within minutes. They...

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