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STATE v. MAYLE

No. 17241.

357 S.E.2d 219 (1987)

STATE of West Virginia v. Wilbert MAYLE

Supreme Court of Appeals of West Virginia.

Rehearing Denied June 3, 1987.

Attorney(s) appearing for the Case

Jerry Weiner, Columbus, Ohio, for appellant.

Charlie Brown, Atty. Gen., Mary Beth Kershner, Asst. Atty. Gen., Charleston, W.Va., for appellee.

BROTHERTON, Justice:

This is an appeal from a judgment of felony murder by the Circuit Court of Cabell County in December, 1982. The jury trial was held in Fayette County, West Virginia, due to a change of venue motion, before Judge Alfred E. Ferguson. We find no error in the proceedings and affirm.

On December 14, 1981, at 1:15 a.m. two men entered a McDonald's restaurant in Chesapeake, Ohio. One was a tall, white man, the other was a shorter, black man....

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