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MATTER OF STEPHFON W.

Nos. 21861, 21862.

442 S.E.2d 717 (1994)

191 W.Va. 20

In the Matter of STEPHFON W., A Child Under 18 Years of Age, and Betty B., Parent or Custodian of Said Child, Appellants. In the Matter of GEORGE ANTHONY W., A Child Under 18 Years of Age, and Joanne O., Parent or Custodian of Said Child, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 25, 1994.

Attorney(s) appearing for the Case

Michael F. Niggemyer, Fairmont, Frances C. Whiteman, Fairmont, for appellants in No. 21861.

D.J. Romino, II, D. Conrad Gall, Fairmont, for appellants in No. 21862.

G. Richard Bunner, Pros. Atty. of Marion County, James H. Hearst, First Asst. Pros. Atty. of Marion County, Fairmont, for State of West Virginia.

MILLER, Justice:

We consolidated these two appeals because they involve a common issue in connection with a juvenile transfer hearing under W.Va. Code, 49-5-10 (1978).1 The issue is whether the State may rely solely on the evidence it introduced at the preliminary hearing and foreclose the defense from introducing evidence at the subsequent transfer hearing. We determine that this may not be...

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