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STATE v. WALKER

No. 26657.

533 S.E.2d 48 (2000)

207 W.Va. 415

STATE of West Virginia, Plaintiff Below, Appellee, v. Gene Harold WALKER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 14, 2000.

Dissenting Opinion of Chief Justice Maynard June 28, 2000.

Concurring Opinion of Justice Starcher July 20, 2000.

Attorney(s) appearing for the Case

Gregory L. Ayers, Deputy Public Defender, Charleston, West Virginia, Attorney for the Appellant.

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

PER CURIAM:

This appeal was filed by Gene Harold Walker, appellant/defendant (hereinafter referred to as "Mr. Walker"), from his conviction in the Circuit Court of Kanawha County of voluntary manslaughter with the use of a firearm. Mr. Walker was sentenced to prison for 15 years. Arguing to this Court that the circuit court committed error by denying his motion for a mistrial, Mr. Walker contends that a mistrial resulted...

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