STATE v. DESJARDINS

No. 54-81.

454 A.2d 1230 (1982)

STATE of Vermont v. Robert E. DESJARDINS.

Supreme Court of Vermont.

November 8, 1982.


Attorney(s) appearing for the Case

Susan L. Fowler and Dena Monahan, Chittenden County Deputy State's Attys., Burlington, and Robert Andres, Law Clerk, on the brief, for plaintiff-appellee.

Andrew B. Crane, Defender Gen., William A. Nelson, Appellate Defender, and Nancy E. Kaufman, Acting Appellate Defender, Montpelier, for defendant-appellant.

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


BARNEY, Chief Justice.

The defendant was convicted of simple assault after a trial by jury. He now appeals, claiming the court erred in instructing the jury. At issue is the legality of the search of defendant's car, a search which turned confrontational and ultimately precipitated the assault. For reasons which appear herein, we condemn the aggressive actions of the Essex Police Department but, finding no reversible error, affirm the trial court order.

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