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STATE EX REL. PAXTON v. JOHNSON

No. 13729.

245 S.E.2d 843 (1978)

STATE ex rel. David PAXTON v. Ralph JOHNSON, Sheriff, Nicholas County.

Supreme Court of Appeals of West Virginia.

July 11, 1978.

Attorney(s) appearing for the Case

Chauncey H. Browning, Jr., Atty. Gen., William D. Highland, Asst. Atty. Gen., Charleston, for appellant.

John S. Sibray, Charleston, for appellee.

HARSHBARGER, Justice:

David Paxton was convicted by a jury under W.Va.Code, 60A-4-401(a)(1)(ii) of possessing marijuana with intent to deliver it and was sentenced to one to five years in the penitentiary by the Circuit Court of Nicholas County.1 His petition for appeal was denied here. He then petitioned for a writ of habeas corpus in the Circuit Court of Braxton County alleging that...

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