STATE v. JEFFERS

No. 13935.

251 S.E.2d 227 (1979)

STATE of West Virginia v. Michael JEFFERS.

Supreme Court of Appeals of West Virginia.

January 23, 1979.


Attorney(s) appearing for the Case

James W. Gipson, Huntington, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Woodrow H. Berry, Asst. Atty. Gen., Charleston, for defendant in error.


PER CURIAM:

The petitioner, Michael Jeffers, was convicted in the Circuit Court of Lincoln County of passing in a no-passing zone in violation of W.Va.Code, 17C-7-7. He was fined $100.00 and sentenced to confinement in the Lincoln County Jail for thirty days.

After examining the record in this case we conclude that the judge of the circuit court committed two errors:

1. He improperly instructed the jury on what constitutes the crime of passing...

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