STATE v. SPENCE

No. 18203.

388 S.E.2d 498 (1989)

STATE of West Virginia v. John SPENCE, Jr.

Supreme Court of Appeals of West Virginia.

December 20, 1989.


Attorney(s) appearing for the Case

P. Lee Clay, Baltimore, Md., Ron L. Tucker, Fairmont, for John Spence, Jr.

Brenda Craig Ellis, Asst. Atty. Gen., Charleston, for State of W.Va.


MILLER, Justice:

The defendant, John Spence, Jr., appeals his conviction by a jury of armed robbery in the Circuit Court of Marion County. He asserts three assignments of error: (1) that the photographic identification was tainted; (2) that the trial court gave a jury instruction on flight when no evidence of flight was introduced at trial; and (3) that the trial court committed reversible error when it refused to grant a continuance to permit the defendant's newly...

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