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STATE v. FOSTER

No. 15504.

300 S.E.2d 291 (1983)

STATE of West Virginia v. Hartzel Ray FOSTER.

Supreme Court of Appeals of West Virginia.

February 15, 1983.

Attorney(s) appearing for the Case

LaVerne Sweeney, Grafton, Franklin D. Cleckley, Morgantown, for appellant.

Chauncey H. Browning, Atty. Gen., S. Clark Woodroe and Michael E. Froble, Asst. Attys. Gen., Charleston, for appellee.

NEELY, Justice:

Appellant Hartzel Ray Foster was convicted of first-degree murder, without a recommendation of mercy from the jury, on 28 March 1981 in the Circuit Court of Barbour County, West Virginia. Mr. Foster sought appeal from this conviction, and we restricted his appeal to the issue of whether the circuit court's circumscription of the defense's impeachment of prosecution witnesses denied the appellant a fair trial. We find that it did, and award Mr. Foster...

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