In Re Ovitt

Supreme Court of Vermont

In Re Ovitt

229 A.2d 243, 126 Vt. 298, 1967 Vt. LEXIS 188

CourtSupreme Court of Vermont

DecidedApril 4, 1967

Docket494

StatusPublished

Cited by2 cases

This text of 229 A.2d 243 (In Re Ovitt) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Ovitt, 229 A.2d 243, 126 Vt. 298, 1967 Vt. LEXIS 188 (Vt. 1967).

Pincite

Opinion

Per Curiam.

While the appeal in State of Vermont v. Herbert E. Ovitt, No. 491, was pending, the respondent appellant presented a motion to vacate his sentence. The motion was brought under the provisions of 13 V.S.A. §7131 (1966, No. 41 §la). It attacks the validity of the information, claiming the Deputy Attorney General was without lawful authority to institute the prosecution. This point is considered in the appeal from his conviction.

The Essex County Court denied the motion because of the pending appeal, ruling that all of the issues presented were avail *299 able on direct review by this Court. The statute, upon which the petitioner acted, cannot do service as an appeal. The order dismissing the petition is well founded. In re Rickert, 124 Vt. 232, 235, 203 A.2d 602.

Order affirmed.

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Per Curiam.

While the appeal in State of Vermont v. Herbert E. Ovitt, No. 491, was pending, the respondent appellant presented a motion to vacate his sentence. The motion was brought under the provisions of 13 V.S.A. §7131 (1966, No. 41 §la). It attacks the validity of the information, claiming the Deputy Attorney General was without lawful authority to institute the prosecution. This point is considered in the appeal from his conviction.

The Essex County Court denied the motion because of the pending appeal, ruling that all of the issues presented were avail *299 able on direct review by this Court. The statute, upon which the petitioner acted, cannot do service as an appeal. The order dismissing the petition is well founded. In re Rickert, 124 Vt. 232, 235, 203 A.2d 602.

Order affirmed.

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Bluebook (online)

229 A.2d 243, 126 Vt. 298, 1967 Vt. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ovitt-vt-1967.

Opinion

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