STATE v. HAGER

No. 16689.

342 S.E.2d 281 (1986)

STATE of West Virginia v. Gerald Wayne HAGER.

Supreme Court of Appeals of West Virginia.

March 25, 1986.


Attorney(s) appearing for the Case

Richard M. Allen, Boyce A. Griffith, Hamlin, for appellant.

Atty. Gen. Charlie Brown, Asst. Atty. Gen. Mary Rich Maloy, Charleston, for appellee.


BROTHERTON, Justice:

This is an appeal by Gerald Wayne Hager of a judgment of the Circuit Court of Wayne County upholding a jury verdict finding him guilty of first degree murder with a recommendation of mercy. Mr. Hager claims that surprise rebuttal testimony unfairly prejudiced his trial. We agree and reverse.

The appellant, Gerald Hager, and his brother, Terry, had spent most of May 15, 1982, riding around Huntington on their motorcycles, accomplishing...

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