STATE v. DAPO

No. 82-201.

470 A.2d 1173 (1983)

STATE of Vermont v. Roger L. DAPO.

Supreme Court of Vermont.

December 2, 1983.


Attorney(s) appearing for the Case

Dena Monahan, Chittenden County Deputy State's Atty., Burlington, for plaintiff-appellee.

Saxer, Anderson & Wolinsky, Burlington, for defendant-appellant.

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


BILLINGS, Chief Justice.

Defendant appeals from a conviction of operating a motor vehicle while under the influence of intoxicating liquor (DUI). 23 V.S.A. § 1201(a)(2). He asserts three claims of error: (1) that the delay of 37 days between jury impaneling and swearing-in was prejudicial as a matter of law; (2) that the trial court failed to charge the jury with the defense of necessity; and (3) that he was prejudiced...

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