STATE v. BENNETT

No. 17540.

370 S.E.2d 120 (1988)

STATE of West Virginia v. Rusty Allen BENNETT.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion May 9, 1988.


Attorney(s) appearing for the Case

Charles G. Brown, Atty. Gen., Charleston, for State.

Laurence W. Hancock, Hancock & Sears, Ravenswood, for Bennett.


MILLER, Justice.

The defendant was convicted in the Circuit Court of Jackson County of nighttime burglary and petit larceny for the theft of a postal money order.1 The defendant appeals his convictions, contending the trial court erred: (1) in coercing him into not testifying at trial by informing him that he could be prosecuted for false swearing or perjury if his testimony at trial contradicted...

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