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STATE v. PREECE

No. 18564.

383 S.E.2d 815 (1989)

STATE of West Virginia v. David PREECE.

Supreme Court of Appeals of West Virginia.

July 14, 1989.

Attorney(s) appearing for the Case

Mark William McOwen, Huntington, for Preece.

Brenda Craig Ellis, Asst. Atty. Gen., Charleston, for State.

McHUGH, Justice:

This case is before the Court upon the appeal of David Preece from the Wayne County Circuit Court's denial of his motion for a new trial following his conviction for the felony offense of driving under the influence of alcohol which is a contributing cause of a fatality, pursuant to W.Va.Code, 17C-5-2(a) [1986]. He was sentenced to serve one to three years in the penitentiary.1 The issue before the Court in this...

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