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STATE v. COMSTOCK

No. 84-188.

494 A.2d 135 (1985)

STATE of Vermont v. Mark D. COMSTOCK.

Supreme Court of Vermont.

April 12, 1985.

Attorney(s) appearing for the Case

Kevin G. Bradley, Chittenden County State's Atty., and Theresa St. Helaire, Legal Intern, Burlington, for plaintiff-appellee.

Wool & Murdoch, Burlington, for defendant-appellant.

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

GIBSON, Justice.

Defendant appeals his conviction for driving while under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2). He claims (1) the State did not meet its burden to prove, beyond a reasonable doubt, that he was under the influence of intoxicating liquor; (2) the officer who administered the "breath test" lacked sufficient grounds to request a test; (3) the test results should not have been admitted because an evidentiary chain of custody...

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