STATE v. CLINE

No. 467-79.

430 A.2d 455 (1981)

STATE of Vermont v. Mark D. CLINE.

Supreme Court of Vermont.

April 7, 1981.


Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., and Harold E. Eaton, Jr., Deputy State's Atty., Burlington, for plaintiff.

James L. Morse, Defender General, and Stephen W. Gould, Montpelier, for defendant.

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


HILL, Justice.

Respondent was tried and found guilty of breaking and entering in the nighttime in violation of 13 V.S.A. § 1201. As ground for error, he claims the State failed to prove the breaking element of the crime charged and that the judge should have granted his motion for a judgment of acquittal.

A male figure was spotted in the Burlington Planned Parenthood office around midnight on July 26-27, by a private security guard. The guard summoned...

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