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STATE v. STOUT

No. 14757.

285 S.E.2d 892 (1982)

STATE of West Virginia v. Clyde Junior STOUT.

Supreme Court of Appeals of West Virginia.

January 15, 1982.

Attorney(s) appearing for the Case

Dailey & Miller and Lawrance S. Miller, Jr., Kingwood, for appellant.

Chauncey H. Browning, Atty. Gen. and Paula Dean Maas, Asst. Atty. Gen., Charleston, for appellee.

NEELY, Justice:

The appellant, Clyde Junior Stout, was convicted in the Circuit Court of Preston County of third degree sexual assault. On the basis of the presentence report, the appellant was sentenced to confinement in the West Virginia State Penitentiary for a period of not less than one nor more than five years.

The appellant lived with a woman named Mary Cuppett and her four children for approximately one year. On 2 January

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