State v. Welch

This case comes before us as a result of a conviction entered against the appellant on the charge of driving while intoxicated, death resulting, a violation of 23 V.S.A. §§ 1201 and 1210(b).

The facts pertinent to the issues we deem necessary to consider in order to resolve the present appeal are briefly stated as follows. On the evening of August 12, 1973, in Barre, Vermont, the appellant, Gene Welch, was involved in an automobile accident in which the vehicle he was driving struck and killed a pedestrian. The police officers summoned to the scene observed that the appellant smelled of…