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STATE v. ST. CLAIR

Nos. 17030, 17031.

355 S.E.2d 418 (1987)

STATE of West Virginia v. Barry ST. CLAIR. STATE of West Virginia v. Carl J. STACEY.

Supreme Court of Appeals of West Virginia.

March 26, 1987.

Attorney(s) appearing for the Case

Robert H. McWilliams, Public Defender Corp., Moundsville, for appellant.

Charlie Brown, Atty. Gen., Mary Rich Maloy, Asst. Atty. Gen., Charleston, for appellee.

BROTHERTON, Justice:

In these two cases, which have been consolidated for purposes of appeal, two convicts challenge the legality of taxing them with the costs of room and board in the county jail while awaiting trial. We agree that such costs are not authorized by statute, and remand the order to the circuit court for modification.

Both appellants were arrested on felony charges and detained in the county jail in Marshall County. Each later plead guilty to...

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