STATE v. NOYES

No. 84-397.

519 A.2d 1152 (1986)

STATE of Vermont v. Robert P. NOYES.

Supreme Court of Vermont.

November 7, 1986.


Attorney(s) appearing for the Case

David N. Weinstein, Essex Co. State's Atty., St. Johnsbury, for plaintiff-appellee.

Martin and Paolini, Barre, for defendant-appellant.

Before ALLEN, C.J., HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


HILL, Justice.

This is an appeal from a conviction, after jury trial, 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 two essential elements of the crime, creating plain error mandating reversal. We agree, reverse the defendant's conviction, and remand the cause for a new trial.

A recitation of the facts underlying the defendant's conviction is unnecessary...

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