STATE v. McCLURE

No. 13953.

253 S.E.2d 555 (1979)

STATE of West Virginia v. Hubert Nello McCLURE.

Supreme Court of Appeals of West Virginia.

April 10, 1979.


Attorney(s) appearing for the Case

Stevens & Jackson, C. Joseph Stevens, Hamlin, for McClure.

Chauncey H. Browning, Jr., Atty. Gen., Woodrow H. Berry, Asst. Atty. Gen., Charleston, for State.


PER CURIAM:

On October 19, 1976, the Circuit Court of Lincoln County sentenced the appellant to from one to ten years in the State Penitentiary for breaking and entering.

In this appeal the appellant contends:

1. That the trial court erred in permitting the prosecuting attorney, during closing argument, to indicate that the appellant had introduced no evidence rebutting the State's case, thereby insinuating that the appellant had some duty to take...

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