STATE v. HACKER

No. 13465.

209 S.E.2d 569 (1974)

STATE of West Virginia v. William Bernard HACKER.

Supreme Court of Appeals of West Virginia.

November 19, 1974.


Attorney(s) appearing for the Case

Clyde M. See, Jr., James E. Ansel, Moorefield, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., E. Leslie Hoffman, III, Betty L. Caplan, Asst. Attys. Gen., Charleston, for defendant in error.


NEELY, Justice:

This Court granted this appeal to determine the validity of a warrantless search under the Fourth Amendment to the Constitution of the United States as applied to the states by the Fourteenth Amendment. As the Court finds that the prosecution failed to demonstrate by a preponderance of evidence that voluntary consent was obtained for the search the judgment of the Circuit Court of Pendleton County is reversed and the case is remanded for a new trial...

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