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STATE v. YUDICHAK

No. 87-205.

561 A.2d 407 (1989)

STATE of Vermont v. Allen YUDICHAK.

Supreme Court of Vermont.

April 14, 1989.

Attorney(s) appearing for the Case

Thomas M. Kelly, Washington County Deputy State's Atty., Barre, for plaintiff-appellee.

Kurrle & Halpert, Montpelier, for defendant-appellant.

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

PECK, Justice.

Defendant appeals his conviction, following a trial by jury, of two violations of 23 V.S.A., chapter 13, subchapter 13: operating a motor vehicle while he was under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2), with death resulting, 23 V.S.A. § 1210(e) [DUI/Fatal], and, secondly, operating a motor vehicle "in a careless or negligent manner" with death resulting. 23 V.S.A. § 1091(c). We affirm.

The appeal raises...

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