BERRY, Justice:
This is an appeal by Mitchell Charlot, the defendant below and hereinafter referred to as defendant, from a final judgment of the Circuit Court of Kanawha County entered January 3, 1973 wherein the court refused to grant the defendant's petition for a writ of error and supersedeas from a judgment of the Intermediate Court of Kanawha County which imposed a sentence on the defendant of not less than one nor more than fifteen years in the penitentiary...
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