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STATE v. DEZAINE

No. 188-81.

449 A.2d 913 (1982)

STATE of Vermont v. Frederick L. DEZAINE III.

Supreme Court of Vermont.

Reargument Denied July 15, 1982.

Attorney(s) appearing for the Case

Michael J. Sheehan, Windsor County State's Atty., White River Junction, for plaintiff-appellee.

William E. Dakin, Jr., Chester, for defendant-appellant.

Before BARNEY, C. J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

BARNEY, Chief Justice.

The defendant appeals his convictions of possession and transportation of a deer out of season, as well as the trial court's denial of his motion for new trial. Both questions turn on the identification of the defendant. He is alleged to have been the companion of a driver who was stopped and apprehended for committing the same offenses.

On November 4, 1980, after dark, a Vermont fish and game warden witnessed a car

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