Opinion
No. 83-054.
May 25, 1984, Decided
Raymond G. Bolton, Bennington County State's Atty., and Ralph H. Sheppard, Deputy State's Atty., Bennington, for plaintiff-appellee.
Andrew B. Crane, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.
PECK, Justice.
ON MOTION TO REARGUE
Subsequent to the filing of the opinion in this case, defendant filed a timely motion to reargue. V.R.A.P. 40. He contends that the Court "entirely misconceives the nature of the case and ignores relevant precedent." We disagree with defendant's analysis of the opinion and of its effect in relation to the cases cited in his motion.
We have, however, recalled the opinion and redrafted certain portions thereof to eliminate any confusion which may have resulted from the reference to and discussion of State v. Bailey, 144 Vt. 86, 475 A.2d 1045 (1984), and to emphasize our view of the significance of the doctrine of harmless error under the facts of this case. Other matters raised by defendant in his motion have been reviewed by the Court and rejected as constituting sufficient grounds to warrant reargument. The revision made does not change the result.
Editor's Note: The redrafted opinion is published at 479 A.2d 757.
Motion for reargument denied. See Mancini v. Mancini, 143 Vt. 235, 240, 465 A.2d 272, 275 (1983).