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STATE v. HUGO

No. 89-149.

592 A.2d 875 (1991)

STATE of Vermont v. David J. HUGO.

Supreme Court of Vermont.

April 12, 1991.

Attorney(s) appearing for the Case

John T. Quinn, Addison County State's Atty., Middlebury, and Gary S. Kessler, Resource Atty., Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Bonnie Barnes and Sandra Everitt of Sessions, Keiner, Dumont & Barnes, Middlebury, for defendant-appellant.

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

PECK, Justice.

Defendant was charged with operating a motor vehicle on a public highway while under the influence of intoxicating liquor in violation of 23 V.S.A. § 1201(a)(2), and also with operating a motor vehicle with .10% or more by weight of alcohol in his blood in violation of 23 V.S.A. § 1201(a)(1). At trial the jury returned a guilty verdict on each count. The trial judge subsequently dismissed the excessive blood-alcohol count pursuant to 23 V...

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