STATE v. BUSHEY

No. 265-81.

457 A.2d 279 (1983)

STATE of Vermont v. Jerry BUSHEY.

Supreme Court of Vermont.

February 7, 1983.


Attorney(s) appearing for the Case

Susan L. Fowler, Chittenden County Deputy State's Atty., and Robert Andres, Law Clerk, Burlington, 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.


HILL, Justice.

Defendant appeals his conviction after trial by jury of operating a motor vehicle while under the influence of intoxicating liquor (DUI) in violation of 23 V.S.A. § 1201(a)(2). Subsequent to sentencing, defendant filed a timely notice of appeal. We reverse.

Briefly stated, the facts are as follows. At approximately 2:00 a.m. on December 5, 1980, a police officer observed defendant operating a truck traveling westbound on Pearl Street in...

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