STATE v. FRANKLIN

No. 16142.

327 S.E.2d 449 (1985)

STATE of West Virginia v. Larry Dale FRANKLIN.

Supreme Court of Appeals of West Virginia.

March 1, 1985.


Attorney(s) appearing for the Case

Gilbert L. Hall, Charles Town, for appellant.

James E. Garvin, Asst. Atty. Gen., Charleston, for appellee.


NEELY, Chief Justice:

Larry Dale Franklin was indicted by the grand jury of Berkeley County on 18 May 1982 under W.Va.Code 17C-5-2(a) [1981] for the felony charge of driving under the influence of alcohol, resulting in death. The appellant was found guilty, and, accordingly, sentenced to 1-3 years, fined, and required to pay court costs. Because, under the circumstances of this case, the activities of courtroom spectators...

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