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STATE v. NICHOLAS

No. 18282.

387 S.E.2d 104 (1989)

STATE of West Virginia v. Robert Emmitt NICHOLAS.

Supreme Court of Appeals of West Virginia.

November 3, 1989.

Attorney(s) appearing for the Case

Jerald E. Jones, Jones, Williams, West & Jones, Clarksburg, Sam R. Harshbarger, Milton, for Robert Emmitt Nicholas.

Marianne Stonestreet, Deputy Atty. Gen., Charleston, for State.

PER CURIAM:

This appeal involves a conviction for first offense delivery of 5.4 grams of marijuana in violation of W.Va.Code, 60A-4-401(a) (1983),1 and involves several issues to which we spoke recently in State v. Nicastro, ___ W.Va. ___, 383 S.E.2d 521 (1989). The defendant contends that the indictment is fatally defective and that the trial court erred in failing to instruct the jury on lesser...

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