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STATE v. LOLA MAE C.

No. 19707.

408 S.E.2d 31 (1991)

STATE of West Virginia, Appellee, Plaintiff Below, v. LOLA MAE C., Appellant, Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1991.

Dissenting Opinion of Chief Justice Miller August 15, 1991.

Attorney(s) appearing for the Case

Mario Palumbo, Atty. Gen., Teresa Tarr, Asst. Atty. Gen., for appellee.

D. Clinton Gallaher, IV, Fayetteville, C. Cooper Fulton, Charleston, for appellant.

WORKMAN, Justice:

This case is before the Court upon the appeal of Lola Mae C. from a November 27, 1989, order of the Circuit Court of Fayette County which denied the defendant's motion to set aside her conviction guilty of two counts of first degree sexual assault. The defendant was subsequently sentenced to two concurrent terms of fifteen to twenty-five years each. The defendant argues that:

1. The convictions under count one and two of the indictment must...

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