STATE v. MARTELL

No. 82-170.

465 A.2d 1346 (1983)

STATE of Vermont v. Shawn MARTELL.

Supreme Court of Vermont.

August 15, 1983.


Attorney(s) appearing for the Case

Richard G. English, Addison County State's Atty., Middlebury, for plaintiff-appellee.

Andrew B. Crane, Defender Gen., William A. Nelson, Appellate Defender, and John Davis, Law Clerk, on brief, Montpelier, for defendant-appellant.

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


HILL, Justice.

Defendant was convicted after trial by jury of aiding in the crime of breaking and entering a dwelling house with intent to commit larceny, in violation of 13 V.S.A. § 1201. We reverse.

At approximately 4:00 p.m. on September 28, 1981, complainant, a resident of Starksboro, Vermont, was returning home after work when she observed an unfamiliar light green van back out of her driveway and proceed west on Route 17. Upon entering her home...

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