STATE v. GARY

No. 14198.

247 S.E.2d 420 (1978)

STATE of West Virginia v. Lawrence Allen GARY.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1978.


Attorney(s) appearing for the Case

J. Montgomery Brown, Fairmont, Franklin D. Cleckley, Morgantown, for Lawrence Allen Gary.

Chauncey H. Browning, Jr., Atty. Gen., David F. Greene, Asst. Atty. Gen., Charleston, for State of West Virginia.


MILLER, Justice:

This is an appeal from a summary denial of a petition for bail following the petitioner's conviction of second degree murder in the Circuit Court of Upshur County. We conclude that in order to implement the provisions of the bail statute,1 it is incumbent on a circuit court, where bail is sought and opposed by the State, to provide a hearing and a written statement of the reasons for its decision.

This Court, in...

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