STATE v. BREWSTER

No. 14059.

261 S.E.2d 77 (1979)

STATE of West Virginia v. David Harvey BREWSTER.

Supreme Court of Appeals of West Virginia.

December 18, 1979.


Attorney(s) appearing for the Case

Edward V. Lee, Huntington, for plaintiff-in-error.

Chauncey H. Browning, Atty. Gen., Richard L. Earles, Asst. Atty. Gen., Charleston, for defendant-in-error.


MILLER, Justice:

David Harvey Brewster appeals his armed robbery conviction in the Circuit Court of Cabell County. He contends that exculpatory evidence was withheld, that the prosecuting attorney made prejudicial remarks in his closing argument, and that he was forced to wear physical restraints at trial.

The following are the facts of the crime as related by the State's witnesses. James W. Newman was a night watchman with the Tradewell Supermarket located...

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