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STATE v. ROCHELEAU

No. 308-80.

451 A.2d 1144 (1982)

STATE of Vermont v. Roger ROCHELEAU.

Supreme Court of Vermont.

September 7, 1982.

Attorney(s) appearing for the Case

Marianne Lipscombe, Franklin County Deputy State's Atty., St. Albans, for plaintiff-appellee.

Andrew B. Crane, Defender Gen., William A. Nelson, Appellate Defender, and Robert Ponzio, Law Clerk (on brief), Montpelier, for defendant-appellant.

Martin & Paolini, P.C., Lisa Baer, Law Clerk (on brief), Barre, for amicus curiae A.C.L.U.

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

PECK, Justice.

The defendant, Roger Rocheleau, was charged with unlawful possession of a regulated drug (marijuana) with the intent to sell, 18 V.S.A. § 4224(e), but was convicted after trial by jury of the lesser included offense of unlawful possession of marijuana. 18 V.S.A. § 4224(a). On appeal the defendant claims that the trial court erred (1) in denying his motion to prevent the use of the marijuana as evidence, and (2) in refusing to permit him to...

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