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STATE v. KRETH

No. 86-002.

553 A.2d 554 (1988)

STATE of Vermont v. Ronald KRETH.

Supreme Court of Vermont.

September 16, 1988.

Attorney(s) appearing for the Case

Marc D. Brierre, Rutland County Deputy State's Atty., Rutland, for plaintiff-appellee.

Walter M. Morris, Jr., Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.

Before ALLEN, C.J., PECK, DOOLEY and MAHADY, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

DOOLEY, Justice.

The defendant in this case was convicted of violation of our criminal trespass law, 13 V.S.A. § 3705(d). The essential facts are that defendant, after drinking heavily, drove off the road during a severe winter storm. He entered an empty private dwelling house, apparently by breaking in the back door, and was found by one of the owners of the house the next morning. After a jury trial, defendant was convicted of criminal trespass. In this Court...

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