STATE v. NICHOLSON

No. 16059.

328 S.E.2d 180 (1985)

STATE of West Virginia v. Robert NICHOLSON.

Supreme Court of Appeals of West Virginia.

March 22, 1985.


Attorney(s) appearing for the Case

George P. Stanton, III, and John Ernest Shank, Asst. Attys. Gen., Charleston, for appellee.

William H. Martin, Charles Town, for appellant.


NEELY, Chief Justice:

The appellant, Robert Nicholson, was convicted of welfare fraud under W.Va. Code 9-5-4 [1972]. He maintains that he did not waive his right to counsel and therefore a statement he gave to a Department of Human Services employee and a West Virginia state trooper should not have been admitted at his trial. Although this Court holds that the appellant's waiver and statement were properly admitted by the trial court, we remand this case for...

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