STATE v. HOLMES

No. 16080.

351 S.E.2d 422 (1986)

STATE of West Virginia v. Kenneth HOLMES.

Supreme Court of Appeals of West Virginia.

December 9, 1986.


Attorney(s) appearing for the Case

Larry E. Losch, Pros. Atty., and Kenneth J. Barnett, Asst. Pros. Atty., Nicholas County, Summersville, for appellant.

Donald K. Bischoff, Summersville, James H. Wolverton, Richwood, for appellee.


PER CURIAM:

The defendant in this case, Kenneth Holmes, is appealing from a judgment of the Circuit Court of Nicholas County sentencing him to from ten to twenty-five years in the state penitentiary for sexual assault in the first degree. He claims that the circuit court erred in improperly directing, and intervening in, the trial process after a defense witness recanted before the jury. He also contends that the trial court erred in refusing to direct a verdict of...

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