STATE v. SMITH

No. 17190.

358 S.E.2d 188 (1987)

STATE of West Virginia v. Wetzel SMITH.

Supreme Court of Appeals of West Virginia.

May 15, 1987.


Attorney(s) appearing for the Case

Mary Rich Maloy, Asst. Atty. Gen., for appellant.

Mark William McOwen, Huntington, for appellee.


MILLER, Justice:

Wetzel "Junior" Smith appeals his March 14, 1985 conviction for first degree murder with a recommendation of mercy. His principal argument on appeal is that the trial court erred in admitting two categories of extrajudicial or hearsay statements: (1) those made before and after the shooting by a coindictee who died prior to trial, and (2) those made by the deceased within two days of his death. With one...

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