STATE v. ZEHNER

No. 526-81.

453 A.2d 1126 (1982)

STATE of Vermont v. Steven Wayne ZEHNER.

Supreme Court of Vermont.

November 2, 1982.


Attorney(s) appearing for the Case

Raymond G. Bolton, Bennington County State's Atty., and William D. Wright, Deputy State's Atty., Bennington, for plaintiff-appellee.

Witten & Carter, P.C., Bennington, for defendant-appellant.

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


BILLINGS, Justice.

The defendant was convicted of breaking and entering in the nighttime with the intent to commit larceny. 13 V.S.A. § 1201. The only issue on appeal is whether the defendant's oral and written confession, without which the State could not prove its charge, was involuntary.

On the evening of December 7, 1980, three chain saws were stolen from a barn in Pownal, Vermont. The next day a state police detective investigating the crime went...

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