STATE v. PELFREY

No. 13942.

256 S.E.2d 438 (1979)

STATE of West Virginia v. Larry PELFREY.

Supreme Court of Appeals of West Virginia.

July 12, 1979.


Attorney(s) appearing for the Case

George D. Beter, Huntington, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, for defendant in error.


McGRAW, Justice:

In April, 1976, a Cabell County Circuit Court jury found Larry Pelfrey guilty of malicious assault. See, W.Va.Code § 61-2-9. On April 30, the circuit court overruled Pelfrey's motion to set aside the verdict and grant a new trial, and sentenced him to two-to-ten years imprisonment. We reverse the final judgment entered below and remand the case to the circuit court.

In his appeal to this Court Pelfrey makes three assignments of...

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