STATE v. SNIDE

No. 85-495.

560 A.2d 380 (1989)

STATE of Vermont v. Ervin E. SNIDE.

Supreme Court of Vermont.

April 7, 1989.


Attorney(s) appearing for the Case

Dan Davis, Windham County State's Atty., Brattleboro, and Jo-Ann Gross, Law Clerk, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Walter M. Morris, Jr., Defender General, William A. Nelson, Appellate Defender, and Paul R. Clemente (On the Brief), Montpelier, for defendant-appellant.

ALLEN, C.J., and PECK, DOOLEY and MORSE, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


PECK, Justice.

Defendant, Ervin Snide, appeals from a conviction by jury trial for driving under the influence of intoxicating alcohol, 23 V.S.A. § 1201(a)(2). He claims that the State's obligation to prove guilt beyond a reasonable doubt was not reflected in the jury charge because it included a "presumption of truthfulness" instruction. We affirm.

The instruction that defendant challenges is a charge to the jury regarding resolution of conflicting evidence...

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