NEELY, Chief Justice:
This is an appeal by Angela Ferrell from a misdemeanor battery conviction under W.Va.Code 61-2-9(c) [1978] in the Circuit Court of Cabell County. On 13 September 1983 the appellant was sentenced to six months in jail and fined $100; she was then granted bail pending appeal. Miss Ferrell asserts here that the circuit court erred in refusing her request to depose an out-of-state witness. We affirm the circuit court.
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