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STATE v. BROWN

No. CC895.

223 S.E.2d 193 (1976)

STATE of West Virginia v. Roger Lee BROWN.

Supreme Court of Appeals of West Virginia.

March 23, 1976.

Attorney(s) appearing for the Case

Chauncey H. Browning, Jr., Atty. Gen., Betty L. Caplan, Asst. Atty. Gen., Charleston, for plaintiff.

Larry L. Skeen, Kennad L. Skeen, Lawrence B. Mentzer, Ripley, for defendant.

BERRY, Chief Justice:

This case is here on certificate from the Circuit Court of Jackson County. On February 24, 1975, Roger Lee Brown was indicted by the grand jury of Jackson County for the felony of third offense driving under the influence of intoxicating liquor.

The indictment alleged two convictions for driving under the influence of intoxicating liquor within five years immediately prior to the occurrence...

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