STATE v. DOBBS

No. 13985.

259 S.E.2d 829 (1979)

STATE of West Virginia v. Joseph DOBBS.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion November 14, 1979.


Attorney(s) appearing for the Case

Franklin D. Cleckley, Morgantown, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Richard L. Earles, Asst. Atty. Gen., Charleston, for defendant in error.


HARSHBARGER, Justice:

In the early afternoon of Sunday, November 4, 1974, Alfred Stewart was in his office at the May Company in Fairmont, West Virginia. His wife telephoned him at about 1:00 p. m. and he exclaimed that he was being robbed, whereupon she called the police, and friends who owned a sandwich shop near the office. They found Stewart dead with a bullet wound in his chest.

On January 27, 1975 at 1:00 a. m. two Clarksburg patrolmen noticed Joseph...

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