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STATE v. McCOY

No. 17487.

366 S.E.2d 731 (1988)

STATE of West Virginia v. Virgil McCOY.

Supreme Court of Appeals of West Virginia.

February 23, 1988.

Attorney(s) appearing for the Case

Silas B. Taylor, Dist. Atty. Gen., Charleston, for State.

R. Lee Booten, II, Huntington, for McCoy.

BROTHERTON, Justice:

Virgil McCoy appeals his May 2, 1985, conviction of second degree sexual assault, W.Va.Code § 61-8B-4 (1984), following a jury trial in Cabell County. Because we find that the lower court erred in admitting certain expert testimony, we reverse and remand for a new trial.1

On September 10, 1984, Virgil McCoy was drinking beer with his brother and cousin at a tavern on the west side of Huntington. While...

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