STATE v. SHORES

No. 82-108.

465 A.2d 269 (1983)

STATE of Vermont v. Alvin E. SHORES.

Supreme Court of Vermont.

Reargument Denied August 5, 1983.


Attorney(s) appearing for the Case

Raymond G. Bolton, Bennington County State's Atty., and Ralph Sheppard, Law Clerk on brief, Bennington, and John J. Easton, Jr., Atty. Gen., and Elizabeth Grant Rome, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

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

Before BILLINGS, C.J., HILL, UNDERWOOD and PECK, JJ., and LARROW, J. (Ret.), Specially Assigned.


HILL, Justice.

Defendant was convicted after trial by jury of attempted assault and robbery in violation of 13 V.S.A. § 608(b), and subsequently filed a timely notice of appeal. We reverse.

On July 22, 1981, at approximately 8:30 p.m., defendant entered the Chippenhook Store in East Arlington, Vermont, and approached the only clerk on duty. He showed her the butt of a handgun and ordered her to open the cash register drawer. Believing that the clerk may...

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