STATE v. RATHBURN

No. 100-80.

442 A.2d 452 (1981)

STATE of Vermont v. Timothy RATHBURN.

Supreme Court of Vermont.

Motion for Reargument Denied February 1, 1982.


Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., Susan R. Harritt, Asst. Atty. Gen., and Richard W. Foster, Law Clerk (On the Brief), Montpelier, for plaintiff.

David A. Williams, Morrisville, for defendant.

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


BARNEY, Chief Justice.

The defendant was charged with repeated theft of money from cash registers at the Stowe Liquor Store during the time he was employed there as assistant manager. He was tried and convicted on six counts of grand larceny, 13 V.S.A. § 2501, and two counts of petty larceny, 13 V.S.A. § 2502, and sentence was imposed after a presentence investigation.

On appeal, five issues are briefed. The first challenges the lower court's denial...

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