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STATE v. STALEY

No. 13864.

253 S.E.2d 66 (1979)

STATE of West Virginia v. Richard Dale STALEY.

Supreme Court of Appeals of West Virginia.

March 20, 1979.

Attorney(s) appearing for the Case

Albright, Fluharty, Bradley & Townsend, Gerald W. Townsend, Parkersburg, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Charles G. Brown, Deputy Atty. Gen., Charleston, for defendant in error.

PER CURIAM:

The Circuit Court of Wood County sentenced the petitioner, Richard Dale Staley, to from five to eighteen years in the State Penitentiary for second degree murder. The petitioner appeals contending that the trial court erred in allowing Deputy Sheriff Jay S. Memel to testify, during trial, as to statements made by the petitioner to Memel during an in-custodial interrogation.

The record in this case shows that on December 27, 1969, Edward Mullen...

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