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STATE v. BURNHAM

No. 83-185.

484 A.2d 918 (1984)

STATE of Vermont v. Rodney BURNHAM.

Supreme Court of Vermont.

September 14, 1984.

Attorney(s) appearing for the Case

William J. Porter, Windsor County Deputy State's Atty., White River Junction, for plaintiff-appellee.

William J. Donahue, White River Junction, for defendant-appellant.

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

UNDERWOOD, Justice.

Defendant appeals from an order of the District Court of Vermont denying his motion to dismiss for lack of a prima facie case, V.R.Cr.P. 12(d), and from his subsequent conviction after a jury trial for driving under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2).

The facts before the trial court when considering the pretrial motion to dismiss follow. At 9:18 p.m. on November 19, 1982, an officer of the Hartford, Vermont...

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