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STATE v. JOHNSON

No. 13620.

226 S.E.2d 442 (1976)

STATE of West Virginia v. Nick JOHNSON.

Supreme Court of Appeals of West Virginia.

July 13, 1976.

Attorney(s) appearing for the Case

John C. Ashworth, Beckley, for plaintiff in error.

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

CAPLAN, Justice:

At the October Term, 1974, of the Circuit Court of Raleigh County, the defendant, Nick Johnson, was indicted by the grand jury serving said circuit court for the murder of Marian McCargish. The pertinent part of the indictment charged that on the fifth day of July, 1974 Nick Johnson "unlawfully, feloniously, maliciously, wilfully, deliberately and premeditatedly did slay, kill, and murder one Marian McCargish...

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