STATE v. ROWE

No. 14135.

259 S.E.2d 26 (1979)

STATE of West Virginia v. Frank Lewis ROWE.

Supreme Court of Appeals of West Virginia.

October 23, 1979.


Attorney(s) appearing for the Case

Larry N. Sullivan, Parkersburg, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., David F. Greene, Asst. Atty. Gen., Charleston, for defendant in error.


HARSHBARGER, Justice:

On January 13, 1976, Frank Lewis Rowe was arrested for public drunkenness and placed in the Wood County jail "drunk tank" with three other men—Ardell Braden, Richard Duffy and Floyd Malone. Between 5:30 and 6:00 p. m. the same day deputies discovered that Malone had been beaten to death. Rowe was convicted of second degree murder.

I.

Fourteen photographs of Malone's body and the cell, taken when the body was found, were...

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