STATE v. HEMINGWAY

No. 84-592.

528 A.2d 746 (1987)

STATE of Vermont v. Gary HEMINGWAY.

Supreme Court of Vermont.

April 17, 1987.


Attorney(s) appearing for the Case

Howard E. VanBenthuysen, Franklin County State's Atty., St. Albans, for plaintiff-appellee.

Daniel M. Albert, Public Defender, St. Albans, for defendant-appellant.

Before ALLEN, C.J., PECK, J., BARNEY, C.J. (Ret.), MARTIN, Superior Judge, and COSTELLO, D.J. (Ret.), Specially Assigned.


EDWARD J. COSTELLO, District Judge, Retired, Specially Assigned.

Defendant appeals his conviction of driving with license suspended (DLS) in violation of 23 V.S.A. § 674. He contends that the State's closing argument went beyond the evidence presented at trial, and was improper and prejudicial. We agree, and reverse and remand.

Defendant was cited for DLS in the early evening of June 11, 1984, in St. Albans, Vermont. At trial, the arresting officer testified...

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