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STATE v. SIMMONS

No. 12236.

135 S.E.2d 252 (1964)

STATE of West Virginia v. William Claude SIMMONS.

Supreme Court of Appeals of West Virginia.

Decided March 17, 1964.

Attorney(s) appearing for the Case

Edwin C. Runner, Kingwood, for plaintiff in error.

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

CAPLAN, Judge.

At the January Term, 1962, of the Circuit Court of Randolph County the defendant, William C. Simmons, was indicted for the murder of Donald Leatherwood. It was alleged in the indictment that the murder occurred in Randolph County in October, 1961. The defendant entered a plea of not guilty. At the trial which was held from May 1 to May 4, 1962, the jury found the defendant guilty of murder in the second degree. After his written motion to set aside...

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