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STATE v. CLAYTON

No. 16028.

317 S.E.2d 499 (1984)

STATE of West Virginia v. Donald CLAYTON, Jr.

Supreme Court of Appeals of West Virginia.

Concurring Opinion June 19, 1984.

Attorney(s) appearing for the Case

Askin, Pill, Scales & Burke, Martinsburg, for appellant.

S. Clark Woodroe, Asst. Atty. Gen., Charleston, for appellee.

HARSHBARGER, Justice:

Donald Clayton was convicted of voluntary manslaughter by a Jefferson County petit jury on March 30, 1982, then was sentenced to one to five years in the penitentiary by a judge who recommended that he serve all five years.

Two aspects of this case have been here before, and we have written on them. The facts are in State v. Clayton, W.Va., 277 S.E.2d 619...

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