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State v. Clarke
145 Vt. 659
Vt.
1984
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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 *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.

Case Details

Case Name: State v. Clarke
Court Name: Supreme Court of Vermont
Date Published: Nov 15, 1984
Citation: 145 Vt. 659
Docket Number: No. 84-252
Court Abbreviation: Vt.
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