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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