State v. Mason
This text of 518 A.2d 366 (State v. Mason) 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
The State’s motion for permission to appeal under V.R.A.P. 5(b) and V.R.A.P. 21 is denied. The order dismissing the charge of larceny from the person under 13 V.S.A. § 2503 was a final order, thus 13 V.S.A. § 7403(b) applies. State v. Clarke, 145 Vt. 659, 487 A.2d 1079 (1984). Section 7403(b) allows the State to appeal to the Supreme Court an order dismissing an indictment or information as to one or more counts, but such appeal must be taken within seven days after the order has been rendered. 13 V.S.A. § 7403(e). The failure of the State to comply with the requirements of the statute gives rise to a jurisdictional defect. See State v. Corliss, 145 Vt. 169, 484 A.2d 924 (1984).
Motion denied.
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Cite This Page — Counsel Stack
518 A.2d 366, 147 Vt. 647, 1986 Vt. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mason-vt-1986.