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WAGNER v. HEDRICK

No. 18478.

383 S.E.2d 286 (1989)

William Anthony WAGNER v. Jerry C. HEDRICK, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

Rehearing Denied July 20, 1989.

Dissenting Opinion August 2, 1989.

Attorney(s) appearing for the Case

Jane Moran, Williamson, for William Anthony Wagner.

Charles G. Brown, III, Atty. Gen., Charleston, for Jerry C. Hedrick.

BROTHERTON, Chief Justice:

The petitioner, William Anthony Wagner, was convicted of first degree felony murder by a Mingo County Circuit Court jury on January 8, 1983. He was sentenced to life imprisonment with a recommendation of mercy. Wagner now assigns as error (1) the admission of evidence discovered during a warrantless search of his clothing while he was being treated in a hospital emergency room, and (2) the admission of testimony regarding a letter allegedly...

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