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STATE v. REXROAD

No. 12194.

131 S.E.2d 709 (1963)

STATE of West Virginia v. John REXROAD.

Supreme Court of Appeals of West Virginia.

Decided July 9, 1963.

Attorney(s) appearing for the Case

Bean & Hamilton, Ralph J. Bean, John H. Hamilton, Moorefield, for plaintiff in error.

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

BROWNING, Judge.

Defendant, John Rexroad, was found guilty of conspiracy to commit murder of the second degree in the Circuit Court of Hardy County and was sentenced to serve five to eighteen years in the state penitentiary, which sentence was suspended, to which judgment this Court granted a writ of error on October 15, 1962. Inasmuch as the case must be reversed for reasons hereinafter stated, only so much of the evidence...

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