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STATE v. BURGESS

No. 25801.

516 S.E.2d 491 (1999)

205 W.Va. 87

STATE of West Virginia, Plaintiff Below, Appellee, v. William H. BURGESS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 26, 1999.

Dissenting Opinion of Justice McGraw June 2, 1999.

Attorney(s) appearing for the Case

Darrell V. McGraw, Esq., Attorney General, Barbara H. Allen, Esq., Managing Deputy Attorney General, Charleston, West Virginia, Attorneys for the Appellee.

Kennad L. Skeen, Esq., Skeen & Skeen, Ripley, West Virginia, Attorney for the Appellant.

MAYNARD, Justice:

On December 3, 1997, the defendant, William H. Burgess, was convicted by jury trial in the Circuit Court of Jackson County, West Virginia, of the malicious killing of an animal in violation of W.Va.Code § 61-3-27 (1994). The defendant was sentenced to one to ten years in the penitentiary. He appeals, contending the killing was not malicious. We agree.

In October 1996, Robert Henry owned seven head of cattle, including a seven-month-old...

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