STATE v. STEWART

No. 13744.

239 S.E.2d 777 (1977)

STATE of West Virginia v. Allen Eugene STEWART.

Supreme Court of Appeals of West Virginia.

December 20, 1977.


Attorney(s) appearing for the Case

Hague, Rudolph, Hague & Lantz, Eugene T. Hague and George E. Lantz, Parkersburg, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Dennis M. Abrams, Asst. Atty. Gen., Charleston, for defendant in error.


McGRAW, Justice:

This is an appeal from a final order of the Circuit Court of Jackson County, by which order the circuit court entered judgment on a jury verdict finding the defendant guilty of delivery of a controlled substance. The defendant was sentenced to a term of one to five years in the West Virginia Penitentiary.

The undisputed facts are as follows:

On February 27, 1974, the regular Grand Jury for...

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