STATE EX REL. LEONARD v. HEY

No. 14712.

269 S.E.2d 394 (1980)

STATE ex rel. Will M. LEONARD v. John HEY, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

Concurring Opinion August 4, 1980.


Attorney(s) appearing for the Case

Steptoe & Johnson, and Wayne A. Sinclair, Hanna & Elliott and Gregory E. Elliott, Charleston, for relator.

James E. Roark, Pros. Atty., Kanawha County, Pamela Dawn Tarr, Asst. Pros. Atty., Kanawha County, Charleston, for respondents.


HARSHBARGER, Justice:

Henry Russell was murdered and Ada Russell was severely wounded while being robbed in December, 1967. In January, 1968, Will M. Leonard and John Wayne Ford were indicted in Kanawha County for robbing Mr. and Mrs. Russell and murdering Mr. Russell, but not for injuring Mrs. Russell. At his arraignment, accompanied by court-appointed counsel, Leonard pled guilty to first degree murder. The agreement...

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