STATE v. PENNINGTON

No. 17437.

365 S.E.2d 803 (1987)

STATE of West Virginia v. Rodney K. PENNINGTON.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 3, 1988.


Attorney(s) appearing for the Case

Charlie Brown, Atty. Gen., for the state.

Dan L. Hardway, Charleston, for Pennington.


McHUGH, Justice:

This case is before this Court upon the appeal of Rodney Pennington from his conviction by a jury of first degree murder pursuant to W.Va.Code, 61-2-1 [1987]. It arises from an order of the Circuit Court of Mercer County which denied the appellant's motion for a new trial and sentenced him to life imprisonment with mercy.1 This

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