STATE v. PHELPS

No. 15803.

310 S.E.2d 863 (1983)

STATE of West Virginia v. Scotty Gene PHELPS.

Supreme Court of Appeals of West Virginia.

December 15, 1983.


Attorney(s) appearing for the Case

Michael E. Froble, Asst. Atty. Gen., Charleston, for appellee.

Brown H. Payne, Payne & Payne, Beckley, for appellant.


PER CURIAM:

Scotty Gene Phelps appeals his conviction by a jury in the Circuit Court of Raleigh County of voluntary manslaughter for the killing of Michael Lester. On March 9, 1981, the appellant shot Lester with a sawed-off shotgun after Lester, armed with a pistol, entered the Phelps residence in Crab Orchard and attempted to rob the appellant's mother, Gladys Phelps. After the shooting, Lester ran a short distance from...

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