STATE v. FORTNER

No. 12538.

148 S.E.2d 669 (1966)

STATE of West Virginia v. Charles Edward FORTNER.

Supreme Court of Appeals of West Virginia.

Decided June 7, 1966.


Attorney(s) appearing for the Case

Kingdon & Kingdon, Arthur Ritz Kingdon, Mullens, for plaintiff in error.

C. Donald Robertson, Atty. Gen., George H. Mitchell, Asst. Atty. Gen., Charleston, for defendant in error.


BROWNING, Judge.

Charles Edward Fortner, nineteen years of age, was convicted of the offense of entering without breaking in the Circuit Court of Wyoming County on September 15, 1965. A motion to set aside the verdict and award a new trial was overruled and he was sentenced to a term of from one to ten years in the state penitentiary, to which judgment this Court granted a writ of error and supersedeas on December 6, 1965.

On the trial of the case, the state...

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