STATE v. ROBAR

No. 88-341.

601 A.2d 1376 (1991)

STATE of Vermont v. Donald ROBAR.

Supreme Court of Vermont.

September 27, 1991.


Attorney(s) appearing for the Case

William Sorrell, Chittenden County State's Atty., Burlington, and Pamela Hall Johnson and Gary Kessler, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Charles S. Martin of Martin & Paolini, Barre, for defendant-appellant.

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


DOOLEY, Justice.

The defendant, Donald C. Robar, appeals from his conviction by jury for burglary in violation of 13 V.S.A. § 1201(a), arguing that testimony from an inquest was improperly considered, the evidence was insufficient to sustain his conviction, and the deferred sentence statute is unconstitutional. We hold that the evidence was insufficient to sustain the conviction as a matter of law, and reverse.

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