STATE v. EMMONS

No. 00-509.

788 A.2d 24 (2001)

STATE of Vermont v. Benjamin J. EMMONS.

Supreme Court of Vermont.

October 29, 2001.


ENTRY ORDER

Defendant Benjamin J. Emmons appeals the Caledonia District Court's determination that defendant was not entitled to present to a jury an affirmative defense, as set forth in 23 V.S.A. § 1201(f), to operating a motor vehicle while under the influence of intoxicating liquor. On appeal, defendant raises two claims: (1) that he was entitled to assert the defense where he was charged with "actual physical control" of a vehicle while under the...

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