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STATE v. McCARTY

No. 19383.

401 S.E.2d 457 (1990)

STATE of West Virginia v. Bobby Walter McCARTY.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 6, 1991.

Attorney(s) appearing for the Case

Richard E. Hardison, Beckley, for Bobby Walter McCarty.

Roger W. Tompkins, Atty. Gen., Joanna Tabit, Asst. Atty. Gen., Charleston, for State.

PER CURIAM:

This is an appeal by Bobby Walter McCarty from an order of the Circuit Court of Wyoming County sentencing him to life in the Penitentiary, with a recommendation of mercy, for first-degree murder. On appeal, he claims that the evidence considered in the light most favorable to the State was not sufficient to support a first-degree murder verdict. He also claims that the trial court erred in allowing a State trooper to comment on his invocation of his right...

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