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STATE v. LEWIS

No. 85-555.

556 A.2d 59 (1988)

STATE of Vermont v. William LEWIS.

Supreme Court of Vermont.

Motions for Reargument Denied January 24, 1989.

Attorney(s) appearing for the Case

Robert M. Butterfield, Caledonia County Deputy State's Atty., St. Johnsbury, for plaintiff-appellant.

Walter M. Morris, Jr., Defender General, and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellee.

Before ALLEN, C.J., PECK and DOOLEY, JJ., and KEYSER, J. (Ret.), Specially Assigned.

DOOLEY, Justice.

The State appeals, pursuant to V.R.A.P. 5(b)(1)(C), from an order granting defendant's motion to suppress the testimony of the investigating officer. The motion alleged the negligent loss of evidence. We vacate the order and remand for a further hearing on the motion to suppress.

Defendant is charged with hindering Deputy Sheriff Wayne Boyce in the execution of his duties. Defendant claims that he was in fact trying to help the officer. In...

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