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STATE v. SMITH

No. 13496.

212 S.E.2d 759 (1975)

STATE of West Virginia v. Katherine Wallace SMITH.

Supreme Court of Appeals of West Virginia.

April 1, 1975.

Attorney(s) appearing for the Case

Nichols & Skinner, John C. Skinner, Jr., Charles Town, for plaintiff in error.

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

CAPLAN, Justice:

Katherine Wallace Smith was indicted by the grand jury of the Circuit Court of Berkeley County for the felony of possessing, with intent to deliver, a controlled substance, to wit, lysergic acid diethylamide, commonly known and sometimes hereinafter referred to as LSD. After a trial by jury on said charges she was found guilty and sentenced to confinement in the Women's Penitentiary at Pence Springs for a term of not less than one nor more than five...

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