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STATE v. MILLER

No. 78-81.

451 A.2d 1115 (1982)

STATE of Vermont v. James L. MILLER.

Supreme Court of Vermont.

September 7, 1982.

Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., Harold E. Eaton, Chief Deputy State's Atty. and Nancy G. Sheahan, Deputy State's Atty., Burlington, for plaintiff-appellee.

Thomas B. Bailey of Hoff, Wilson, Powell & Lang, P.C., Burlington, for defendant-appellant.

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

BARNEY, Chief Justice.

The defendant was convicted of unlawful possession of marijuana under 18 V.S.A. § 4224(a), after a trial by court. His conviction was based on evidence pulled from his pocket during a search claimed to be unconstitutional. The defendant's attempt to have the evidence suppressed or excluded on those grounds was denied. He now appeals the conviction on the grounds that the evidence against him was unconstitutionally obtained and therefore...

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