STATE v. SPICER

No. 13885.

245 S.E.2d 922 (1978)

STATE of West Virginia v. Roger Dale SPICER.

Supreme Court of Appeals of West Virginia.

July 14, 1978.


Attorney(s) appearing for the Case

Michael F. Gibson, Johnston, Holroyd & Gibson, Princeton, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., William D. Highland, Asst. Atty. Gen., Charleston, for defendant in error.


McGRAW, Justice:

The defendant, Roger Dale Spicer, was convicted in the Circuit Court of Mercer County for the armed robbery of some three dollars and was sentenced to confinement in the penitentiary for a term of twenty years. A petition for writ of error and supersedeas was granted from a final order denying the defendant's motion to arrest and set aside the verdict and grant a new trial. We reverse the judgment of the circuit court and remand the case for a new...

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