STATE v. BOISE

No. 83-475.

498 A.2d 495 (1985)

STATE of Vermont v. Bryan R. BOISE.

Supreme Court of Vermont.

June 7, 1985.


Attorney(s) appearing for the Case

John T. Quinn, Addison Co. Deputy State's Atty., Middlebury, for plaintiff-appellee.

Robert P. Keiner, James A. Dumont, and Bonnie Barnes, Legal Intern (on brief), of Sessions, Keiner & Dumont, Middlebury, for defendant-appellant.

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


ALLEN, Chief Justice.

Upon appeal from a conviction of driving while intoxicated, 23 V.S.A. § 1201(a)(2), defendant contends that the court's instructions to the jury removed from its consideration an essential element of the crime, and unfairly singled out the defendant's testimony for comment as to its credibility. The defendant's conviction is reversed and the cause remanded for a new trial.

The testimony at trial indicated that the state police stopped...

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