STATE v. FRALEY

No. 13940.

258 S.E.2d 129 (1979)

STATE of West Virginia v. Leonard W. FRALEY.

Supreme Court of Appeals of West Virginia.

Rehearing Denied December 6, 1979.


Attorney(s) appearing for the Case

Steven M. Askin, Radosh & Askin, Martinsburg, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Robert S. Digges, Jr., Asst. Atty. Gen., Charleston, for defendant in error.


HARSHBARGER, Justice:

On February 21, 1974, Leonard Fraley pled guilty to forgery in Berkeley County Circuit Court and was placed on three years' probation beginning April 1, 1974.1

On March 16, 1977, two weeks before the probation term would have expired, probation officer Patrick Futrell petitioned for Fraley's arrest alleging he had been publicly intoxicated, trespassed, driven without...

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