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STATE v. GOFF

No. 14800.

289 S.E.2d 467 (1982)

STATE of West Virginia v. Larry Allen GOFF.

Supreme Court of Appeals of West Virginia.

March 26, 1982.

Attorney(s) appearing for the Case

Leo Catsonis, Charleston, for Goff.

Chauncey H. Browning, Atty. Gen. and Michael G. Clagett, Asst. Atty. Gen., Charleston, for the State.

PER CURIAM:

The appellant, Larry Allen Goff, was convicted in the Circuit Court of Kanawha County of delivery of marijuana in violation of W.Va.Code, 60A-4-401(a). The appellant contends here that the trial court's failure to permit the former testimony of a missing material witness to be admitted into evidence upon retrial constitutes reversible error. We agree.

The appellant was indicted in September, 1977, for delivery of marijuana. His first trial...

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