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STATE v. FENDER

No. 14100.

268 S.E.2d 120 (1980)

STATE of West Virginia v. Denzil Ray FENDER.

Supreme Court of Appeals of West Virginia.

July 15, 1980.

Attorney(s) appearing for the Case

John W. Bennett, Logan, for Fender.

Chauncey H. Browning, Atty. Gen., Ann V. Dornblazer, Asst. Atty. Gen., Charleston, for State.

PER CURIAM:

In this appeal, Denzil Ray Fender, who was convicted of breaking and entering in the Circuit Court of Logan County, contends that more than three terms of the circuit court passed between the return of the indictment against him and his trial, and that under the "Three Term Rule," W.Va. Code 62-3-21 [1959], he should have been discharged from prosecution. We disagree.

During the May 1971 Term of the Circuit Court of Logan County, the appellant...

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