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STATE v. ELLIS

No. 13734.

239 S.E.2d 670 (1977)

STATE of West Virginia v. Donald Lee ELLIS, Jr.

Supreme Court of Appeals of West Virginia.

December 20, 1977.

Attorney(s) appearing for the Case

H. Truman Chafin, Williamson, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Richard L. Earles, Asst. Atty. Gen., Charleston, for defendant in error.

NEELY, Justice:

Appellant Donald Lee Ellis, Jr. was convicted by a jury in the Circuit Court of Mingo County of delivering a controlled substance, namely marijuana. The sale allegedly occurred while appellant and another young man, John David Browning, were together in appellant's automobile.

According to the State's evidence, appellant and Mr. Browning met a State Police undercover agent and an informer while driving...

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