STATE v. MILLER

No. 19593.

400 S.E.2d 611 (1990)

STATE of West Virginia v. Gary Wayne MILLER.

Supreme Court of Appeals of West Virginia.

December 19, 1990.


Attorney(s) appearing for the Case

Gloria M. Stephens, Welch, for Gary Wayne Miller.

Roger W. Tompkins, Atty. Gen. and Joanna Tabit, Asst. Atty. Gen., Atty. General's Office, Charleston, for the State.


McHUGH, Justice:

This is an appeal by the appellant, Gary Wayne Miller, from his conviction by a jury in the Circuit Court of Wyoming County of one count each of grand larceny, forgery, and uttering. The appellant assigns as error, among other things, the trial court's failure to instruct the jury on the material elements of the offenses with which he was charged. We find that the failure of the trial court to instruct the jury on all elements of the offenses charged...

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