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STATE v. TRASK

No. 85-361.

533 A.2d 1185 (1987)

STATE of Vermont v. Geoffrey G. TRASK.

Supreme Court of Vermont.

August 14, 1987.

Attorney(s) appearing for the Case

Shelley A. Hill, Windsor Co. State's Atty., and M. Patricia Zimmerman, Law Clerk (on the Brief), White River Junction, for plaintiff-appellee.

Carolyn Tonelli of Richard E. Davis Associates, Inc., Barre, for defendant-appellant.

Before ALLEN, C.J., PECK, J., and BARNEY, C.J. (Ret.), KEYSER, J. (Ret.), and COSTELLO, District Judge (Ret.), Specially Assigned.

BARNEY, Chief Justice (Ret.), Specially Assigned.

The defendant was charged and convicted by a jury of two offenses. One count of the information charged him with driving while his license was suspended, and the second count charged him with driving while intoxicated. All essential elements of each charge were conceded except for the issue of operation of the vehicle. The defendant claimed his wife was driving.

The defendant contends that the prosecution used...

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