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STATE v. FISCHER

No. 13383.

211 S.E.2d 666 (1974)

STATE of West Virginia v. Gary Eugene FISCHER.

Supreme Court of Appeals of West Virginia.

September 24, 1974.

Attorney(s) appearing for the Case

Rice, Hannis & Rice, Richard L. Douglas, Martinsburg, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Charleston, for defendant in error.

CAPLAN, Chief Justice:

This case is before the Court upon a writ of error to a final judgment of the Circuit Court of Morgan County entered on September 18, 1972, wherein, upon a finding of guilty by a jury, the defendant, Gary Eugene Fischer, was committed to the custody of the West Virginia Commissioner of Public Institutions to be assigned to a forestry camp for a term not to exceed two years. The aforesaid commitment resulted from an indictment returned by the...

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