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STATE v. BARNETT

No. 13763.

240 S.E.2d 540 (1977)

STATE of West Virginia v. Phillip David BARNETT.

Supreme Court of Appeals of West Virginia.

December 6, 1977.

Attorney(s) appearing for the Case

William C. Garrett, Garrett, Whittier & Garrett, Webster Springs, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, for defendant in error.

CAPLAN, Chief Justice:

On August 19, 1975, the defendant, Phillip David Barnett, was indicted by the grand jury serving the Circuit Court of Nicholas County on a charge of possession of "a controlled substance, to wit: marijuana, less than 15 grams". Upon arraignment he entered a plea of not guilty and the matter was set for trial. Subsequently, on January 9, 1976, the defendant moved the court for permission to withdraw his plea of not guilty and to enter a plea...

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