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STATE v. DEBANVILLE

No. 428-80.

457 A.2d 650 (1983)

STATE of Vermont v. Anthony S. DEBANVILLE.

Supreme Court of Vermont.

February 7, 1983.

Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen. and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

Rexford & Kilmartin, Newport, for defendant-appellant.

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

UNDERWOOD, Justice.

Defendant's appeal from a conviction for driving while intoxicated, 23 V.S.A. § 1201(a)(2), presents two issues: (1) whether the charge to the jury was erroneous and prejudicial; and (2) whether the trial court erred in denying defendant's motion for a judgment of acquittal. The first issue requires little analysis. In its brief and during oral argument before this Court, the State confessed error...

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