STATE v. SCHOFIELD

Nos. 16245, 16389.

331 S.E.2d 829 (1985)

STATE of West Virginia v. Kathy J. SCHOFIELD. Kathy J. SCHOFIELD v. W. Joseph McCOY, Commissioner of West Virginia Department of Corrections.

Supreme Court of Appeals of West Virginia.

Rehearing Denied June 11, 1985.

Dissenting Opinion July 12, 1985.


Attorney(s) appearing for the Case

Barbara H. Fleisher, Preiser & Wilson, Charleston, for Kathy J. Schofield.

Silas B. Taylor, Asst. Atty. Gen., Charleston, for State and McCoy.


NEELY, Chief Justice:

Kathy Schofield's appeal and writ of habeas corpus are consolidated in this opinion because both address the validity of her conviction. For the reasons given below, the appellant's appeal is denied and her writ of habeas corpus is likewise dismissed.

James Preston Gill was shot in the back by a .22-caliber bullet on the night of 2-3 May 1982. A forensic pathologist testified that the bullet...

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