State v. Batchelor

Appellant was convicted below, after jury trial, of violation of 23 V.S.A. § 1201(a)(1), by operating a motor vehicle on a public highway in the Town of Wilmington with .10 per cent or more of alcohol in his blood, as shown by chemical analysis of his breath. He briefs claimed error in failing to grant his motion for judgment of acquittal, refusal to grant his motion for mistrial, and errors in the charge to the jury; all raised, as he claims, by a timely motion for new trial.

We note at the outset that the purported motion for a new trial was not timely filed under V.R.Cr.P. 33, requiring…