These two cases, consolidated below for purposes of appeal, arise from the same factual situation and present, by means of reports by agreement pursuant to V.R.A.P. 5(a) following denials of defendants’ motions to suppress at the omnibus hearings, questions relating to the admissibility of certain evidence obtained in the process of an allegedly unlawful search. The orders reporting the cases here properly contain, pursuant to V.R.A.P. 5(a), the district judges’ opinions that the questions reported are of sufficient importance and doubt to justify appeal before final judgment and that resolution of these questions would in one alternative result in final judgment for defendants. While we recognize that the questions reported are of considerable import, we do not agree that their resolution would in any alternative result in final judgment for defendants.
Appellate Rule 5(a) governing appeals before final judgment via reports by agreement was amended so as to apply to criminal actions after our decision in
State
v.
Blondin,
Finally, we note with disapproval the occurrence in No. 217-75 where one judge presided at the suppression hearing, while a different judge reported the questions here. Ap pellate Rule 5 (a) contemplates a report by the district judge who conducted the suppression hearing, and is the better practice in future proceedings under the rule.
Appeal dismissed. Causes remanded to District Court of Vermont, Unit No. 2, Addison Circuit.
