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STATE v. VALLEY

No. 83-534.

571 A.2d 579 (1989)

STATE of Vermont v. Janet VALLEY.

Supreme Court of Vermont.

Mandate Stayed April 14, 1989.

Motion for Reargument Denied May 23, 1989.

Stay of Mandate Dissolved December 29, 1989.

Attorney(s) appearing for the Case

Philip H. White, Orleans County State's Atty., and Gary J. Karpin, Deputy State's Atty., Newport, for plaintiff-appellee.

Martin and Paolini, Barre, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.

DOOLEY, Justice.

Defendant appeals her conviction for manslaughter, 13 V.S.A. § 2304, in the death of her infant daughter. We affirm.

On June 25, 1981, Jordan Lee Valley, a seven month old infant, was found dead in defendant's home. After an autopsy, the medical examiner determined that the cause of the child's death was asphyxiation due to vomit in her air passages. The autopsy also revealed a blood alcohol level of 0.114% ethanol weight by volume.

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