PER CURIAM:
This is an appeal by James Clinton Christian Burks from his conviction by a jury in the Circuit Court of Raleigh County of third degree sexual assault and subsequent sentence of one to five years in the penitentiary. He alleges, among other things, that the evidence was insufficient as a matter of law to sustain his conviction; the State confesses that error was committed in that: (1) the victim of the alleged crime failed to appear at trial to testify...
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