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STATE v. HARRIS

No. 87-219.

568 A.2d 360 (1989)

STATE of Vermont v. Bruce A. HARRIS.

Supreme Court of Vermont.

September 15, 1989.

Attorney(s) appearing for the Case

William D. Wright, Bennington County State's Atty., and Adele V. Pastor, Law Clerk (on the brief), Bennington, for plaintiff-appellant.

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

Before ALLEN, C.J., PECK, DOOLEY and MORSE, JJ., and SPRINGER, District Judge (Ret.), Specially Assigned.

MORSE, Justice.

The State appeals the trial court's dismissal of the information charging defendant with hindering a police officer, 13 V.S.A. § 3001, for lack of a prima facie case. The sole issue is whether defendant's flushing cocaine down a toilet to avoid being "busted" during a police raid violates § 3001. We hold it does not and affirm.

Section 3001 states:

A person who hinders [a] ... law enforcement... officer acting under the authority...

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