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STATE v. UNDERWOOD

No. 14323.

281 S.E.2d 491 (1981)

STATE of West Virginia v. David UNDERWOOD.

Supreme Court of Appeals of West Virginia.

September 8, 1981.

Attorney(s) appearing for the Case

Brent E. Beveridge, Fairmont, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Richard S. Glaser, Jr. and Dana D. Davis, Asst. Attys. Gen., Charleston, for defendant in error.

MILLER, Justice:

Appellant David Underwood and his wife Annette Underwood were jointly indicted for the manufacture of marijuana in violation of W.Va.Code, 60A-4-401. David Underwood was convicted by a jury in the Circuit Court of Marion County of an attempt to manufacture and was sentenced to twelve months in the county jail. Annette Underwood was found not guilty by the same jury.

The State's evidence consisted of testimony that a single marijuana plant...

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