STATE v. C. J. S.

No. 14438.

263 S.E.2d 899 (1980)

STATE of West Virginia v. C. J. S.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion March 26, 1980.


Attorney(s) appearing for the Case

William R. DeHaven, Martinsburg, Richard Lorensen, Law Student, for P. E.

Chauncey H. Browning, Jr., Atty. Gen., Lawrence R. Frail, Asst. Atty. Gen., Charleston, for D. E.


HARSHBARGER, Justice:

This appeal by C. J. S., sixteen years old at the time of his alleged offense, challenges his transfer from the juvenile to the criminal jurisdiction of the Circuit Court of Berkeley County. We reverse and remand for a new transfer hearing consistent with this opinion.

On November 16, 1978, a person armed with a handgun robbed Ellinger's Market, a combination store and gas station located in Berkeley County. Several days later our state...

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