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STATE v. POSTELWAIT

No. 13741.

239 S.E.2d 734 (1977)

STATE of West Virginia v. Richard POSTELWAIT, John Postelwait, and Jerald (Jug) Gum.

Supreme Court of Appeals of West Virginia.

December 20, 1977.

Attorney(s) appearing for the Case

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

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., James B. Hoover, Asst. Atty. Gen., Charleston, for defendant in error.

PER CURIAM:

On May 26, 1975, defendants were convicted in the Circuit Court of Webster County of unlawfully conspiring to inflict injury upon Lemon Cogar, in violation of W.Va. Code 61-6-7, the Red Men's Act.

On December 16, 1975, this Court, in the case of Pinkerton v. Farr, W.Va., 220 S.E.2d 682 (1975), declared the Red Men's Act unconstitutional.

The principal question raised on this appeal is whether...

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