STATE v. SCHMITT

No. 86-326.

554 A.2d 666 (1988)

STATE of Vermont v. Michael A. SCHMITT.

Supreme Court of Vermont.

October 21, 1988.


Attorney(s) appearing for the Case

Thomas D. Anderson, Lamoille County Deputy State's Attorney, Hyde Park, for plaintiff-appellee.

Robert P. Davison, Jr., P.C., Stowe, for defendant-appellant.

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


BARNEY, C.J. (Ret.), Specially Assigned.

Defendant was found guilty of operating a motor vehicle while under the influence of alcohol. In this appeal, he claims that the State violated several of his constitutional rights, under both the federal and Vermont constitutions, and he objects to the trial court's jury instruction on the meaning of driving under the influence. We affirm.

The facts are not in dispute and may be stated briefly. On April 1, 1986, a...

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