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STATE v. BONHAM

No. 15980.

317 S.E.2d 501 (1984)

STATE of West Virginia v. Cornelius J. BONHAM.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion June 19, 1984.

Attorney(s) appearing for the Case

Thornhill, Kennedy & Vaughan, Beckley, for appellant.

Fredrick S. Wilkerson, Asst. Atty. Gen., Charleston, for appellee.

MILLER, Justice:

On January 4, 1981, Cornelius Bonham was arrested for driving while under the influence of alcohol, in violation of Beckley City Code, 13-49 (1977). He was tried in the Beckley Municipal Court and fined one hundred dollars. Pursuant to W.Va.Code, 8-34-1 (1969),1 the defendant exercised his right to an appeal de novo to the circuit court. After being tried before a jury, which found the defendant guilty, the Circuit Court...

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