STATE v. KELLY

No. 16524.

338 S.E.2d 405 (1985)

STATE of West Virginia v. Danny Dewayne KELLY.

Supreme Court of Appeals of West Virginia.

December 19, 1985.


Attorney(s) appearing for the Case

Hardman & Powell, J.C. Powell, Parkersburg, for appellant.

Harvey G. Deitzler, Pros. Atty., John Ernest Shank, Asst. Pros. Atty., Parkersburg, for appellee.


PER CURIAM:

Danny Dewayne Kelly was indicted for grand larceny and convicted by a jury of petty larceny in the Circuit Court of Wood County. In urging that his conviction be reversed on appeal, Kelly contends that the trial court erred in not granting a judgment of acquittal on the basis that the evidence did not prove beyond a reasonable doubt that his conduct was committed with criminal intent. Finding merit in this argument, we reverse and remand with directions...

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