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STATE v. LIGHTNER

No. 25822.

520 S.E.2d 654 (1999)

205 W.Va. 657

STATE of West Virginia, Plaintiff Below, Appellee, v. Eric J. LIGHTNER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 12, 1999.

Dissenting Opinion of Justice McGraw September 24, 1999.

Attorney(s) appearing for the Case

Jodie M. Boylen, Esq., Assistant Prosecuting Attorney, Parkersburg, West Virginia, Attorney for Plaintiff Below, Appellee.

Patrick E. McFarland, Esq., Parkersburg, West Virginia, Attorney for Defendant Below, Appellant.

MAYNARD, Justice:

The Circuit Court of Wood County, West Virginia, failed to dismiss the alternate juror prior to sending the jury to the jury room to begin deliberations in this case. As a result, thirteen people deliberated and voted on the verdict which found the defendant guilty. We agree with the State that this does not constitute reversible error per se nor plain error which affects the substantial rights of the defendant. Therefore, we affirm the conviction...

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