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STATE v. D. M. M.

No. 14545.

286 S.E.2d 909 (1982)

STATE of West Virginia v. D. M. M.

Supreme Court of Appeals of West Virginia.

February 9, 1982.

Attorney(s) appearing for the Case

Robert K. Means, Huntington, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen. and Gregory W. Bailey, Deputy Atty. Gen., Charleston, for defendant in error.

HARSHBARGER, Justice:

D.M.M. was convicted in Cabell County of an act of juvenile delinquency that would have been breaking and entering, had he been an adult.

At commencement of the second day of jury deliberations, the trial judge noted that D.M.M. was absent and was informed that he was in emergency surgery for a hand injury he suffered the night before. D.M.M.'s defense counsel equivocally waived his presence...

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