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STATE v. PERRY

No. 15004.

284 S.E.2d 861 (1981)

STATE of West Virginia v. Kenny PERRY.

Supreme Court of Appeals of West Virginia.

December 2, 1981.

Attorney(s) appearing for the Case

William E. Ford, III, Milton, for appellant.

Chauncey H. Browning, Jr., Atty. Gen. and Nicholas W. Johnson, Asst. Atty. Gen., Charleston, W. Va., for appellee.

PER CURIAM:

Appellant Kenny Perry was convicted by a jury in the Circuit Court of Wayne County on a charge of breaking and entering. In accordance with the December 4, 1978 verdict, he was sentenced to an indeterminate term of one to ten years in the penitentiary. The appellant's major contention on appeal is that although he was indicted as a principal in the first degree, the State's evidence at trial showed that he could have been nothing more than a principal...

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