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STATE v. JUSTICE

No. 10317.

65 S.E.2d 743 (1951)

STATE v. JUSTICE.

Supreme Court of Appeals of West Virginia.

Decided May 22, 1951.

Rehearing Denied August 2, 1951.

Attorney(s) appearing for the Case

M. O. Litz, Charleston, Capehart & Miller, Welch, H. D. Rollins, Charleston, for plaintiff in error.

William C. Marland, Atty. Gen., George W. Stokes, Asst. Atty. Gen., for defendant in error.

GIVEN, Judge.

The defendant, Dennis Justice, was indicted at the January, 1949, term of the Criminal Court of McDowell County for the murder of Thomas Whitt. The Circuit Court of McDowell County refused a writ of error to the judgment of the Criminal Court of that county, sentencing the defendant to imprisonment in the State penitentiary for an indeterminate period of not less than five years and not more than eighteen years.

The homicide occurred on the 6th...

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