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STATE v. SHEPHERD

No. 21774.

442 S.E.2d 440 (1994)

191 W.Va. 11

STATE of West Virginia, Plaintiff Below, Appellee, v. Franklin E. SHEPHERD, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Robert W. Friend, Parkersburg, for appellant.

Robert L. Hogan, Asst. Pros. Atty. of Wood County, Parkersburg, for appellee.

PER CURIAM:

The appellant, Franklin E. Shepherd, was found guilty by a jury on March 27, 1992, in the Circuit Court of Wood County of malicious wounding. Mr. Shepherd is now before this Court upon the appeal of his conviction. For the reasons stated below, the judgment of the circuit court is reversed.

I

On October 5, 1990, between 6:00 p.m. and 8:00 p.m., Mr. Shepherd arrived at Caplinger's Lounge in Wood County, West Virginia, where he began to...

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