STATE v. QUINN

No. 94-675.

675 A.2d 1336 (1996)

STATE of Vermont v. Matthew S. QUINN.

Supreme Court of Vermont.

March 22, 1996.


Attorney(s) appearing for the Case

Dan M. Davis, Windham County State's Attorney, and James Maxwell, Deputy State's Attorney, Brattleboro, for plaintiff-appellant.

Robert Appel, Defender General, and William A. Nelson, Appellate Attorney, Montpelier, for defendant-appellee.

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


DOOLEY, Justice.

Defendant was charged with possession of a destructive device, a homemade pipebomb filled with smokeless gunpowder, in violation of 13 V.S.A. § 1604. The trial court dismissed the charge, concluding that because the device was made with gunpowder, it fell within an exception to the crime set forth in 13 V.S.A. § 1603(2). The State appeals the trial court's ruling. We reverse.

The facts are not in dispute. On July 23, 1994, the state...

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