State v. Jarvis

Defendant appeals his conviction, after trial by jury, of the offenses of operating a motor vehicle while under the influence of intoxicating liquor (D.U.I.), 23 V.S.A. § 1201(a)(2), and of operating a motor vehicle while his license or right to so operate was under suspension (D.L.S.), 23 V.S.A. § 674. Both offenses were alleged to have occurred in the parking lot of a restaurant, known as the Rusty Nail, in Stowe, Vermont.

The defendant moved for judgment of acquittal at the close of the State’s case. He offered no evidence in his own behalf and renewed his motion for a judgment of…