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STATE v. WALTER

No. 21146.

423 S.E.2d 222 (1992)

188 W.Va. 129

STATE of West Virginia, Plaintiff Below, Appellee, v. Chester Andrew WALTER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 9, 1992.

Concurring Opinion of Justice Neely October 20, 1992.

Attorney(s) appearing for the Case

Steven L. Miller, Deborah E. Reed, Miller & Reed, Cross Lanes, for appellant.

Mario J. Palumbo, Atty. Gen., Silas B. Taylor, Senior Deputy Atty. Gen., Charleston, for appellee.

PER CURIAM:

The appellant, Chester Andrew Walter, was convicted of sexual abuse in the first degree, sexual assault in the first degree, and incest on September 21, 1990. All charges involved his four-year-old son, Timothy Walter.

During post-trial motions for judgment notwithstanding the verdict or a new trial, the assistant prosecuting attorney who tried the case conceded on the record that the State's evidence was wholly insufficient to convict on the second...

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