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STATE v. ROWE

No. 14567.

285 S.E.2d 445 (1981)

STATE of West Virginia v. Roger Lee ROWE.

Supreme Court of Appeals of West Virginia.

December 18, 1981.

Attorney(s) appearing for the Case

Marjorie Martorella, Joseph Martorella, Martorella & Martorella, Robert E. Vital, Huntington, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Frances W. McCoy, Asst. Atty. Gen., Charleston, for defendant in error.

PER CURIAM:

This is an appeal by Roger Lee Rowe from a final order of the Circuit Court of Wayne County which sentenced him to life imprisonment upon a jury verdict of guilty of first-degree murder without mercy. His principal assignments of error relate to the giving of certain instructions. We find that at least one of the instructions was improper and requires reversal; consequently, we find it unnecessary to address the other errors.1

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