State v. Clarke
This text of 487 A.2d 1079 (State v. Clarke) 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.
Opinion
Defendant’s motion to dismiss appeal is denied. 13 V.S.A. § 7403(b). In denying defendant’s motion, we distinguish this case from State v. Corliss, 145 Vt. 169, 484 A.2d 924 (1984).
Corliss was construed and decided under 13 V.S.A. § 7403(c) in [660]*660the light of V.R.A.P. 5(b)(1) relating to interlocutory appeals. The instant case is controlled by 13 V.S.A. § 7403(b) relating to dismissals of an indictment or information, which is final. Section 7403(d) is not applicable here; the certification required to be made by the attorney for the State under its provisions relates only to appeals under § 7403(c). V.R.A.P. 5(b)(1) is not applicable, since the order appealed from is not interlocutory.
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Cite This Page — Counsel Stack
487 A.2d 1079, 145 Vt. 659, 1984 Vt. LEXIS 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clarke-vt-1984.