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STATE v. TAPP

No. 12835.

172 S.E.2d 583 (1970)

STATE of West Virginia v. Kenneth E. TAPP.

Supreme Court of Appeals of West Virginia.

Decided March 3, 1970.

Attorney(s) appearing for the Case

Brown H. Payne, Beckley, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Charleston, George E. Lantz, Jr., Deputy Atty. Gen., Charleston, for defendant in error.

BROWNING, President Judge.

Appellant, hereinafter sometimes referred to as "defendant," was jointly indicted with one O'Dell Crabtree by the Raleigh County Grand Jury during the June, 1968, term for breaking and entering. The crime allegedly occurred on May 17, 1968. The evidence is that Crabtree used a plastic object to enter the apartment of one Salango in Beckley, West Virginia. After entering the apartment, Crabtree

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