State v. McGrail

The defendant was tried and convicted upon an officer’s complaint which alleged that on February 4, 1973, in Eandolph, Vermont, he was in the physical control of an automobile or motor vehicle while under the influence of intoxicating liquor. He now appeals from that conviction upon the ground that the complaint failed to allege that the act charged was committed upon a public highway. He claims that absent such an allegation the complaint was legally insufficient to state an offense and that it violated his rights under chapter I, article 10 of the Vermont Constitution.

The statute in force…