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STATE EX REL. FARLEY v. WHARTON

No. 14803.

267 S.E.2d 754 (1980)

STATE ex rel. Vickie Dianne FARLEY v. Ira WHARTON, Magistrate of Wood County.

Supreme Court of Appeals of West Virginia.

July 15, 1980.

Attorney(s) appearing for the Case

William E. Kiger, Hiehle, Golden & Kiger, Parkersburg, for relator.

Harry G. Deitzler, Pros. Atty., Wood County, Parkersburg, for respondent.

HARSHBARGER, Justice:

Vickie Dianne Farley prays that we prohibit her prosecution for shoplifting, Code, 61-3A-1, et seq. She contends that Section 3A-3 creates an unconstitutional presumption:

Code, 61-3A-3. Concealment of merchandise. If any person shall wilfully conceal upon his person or otherwise merchandise belonging to any store and for which such person has not paid the purchase price in full, either upon or away from the store premises...

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