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STATE v. HARRIS

No. 26733.

531 S.E.2d 340 (2000)

207 W.Va. 275

STATE of West Virginia Plaintiff below, Appellee, v. Henry HARRIS, Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 5, 2000.

Dissenting Opinion of Justice Davis, May 23, 2000.

Attorney(s) appearing for the Case

William Ihlenfeld, II, Esq., Robert G. McCoid, Esq., Assistant Prosecuting Attorneys, Wheeling, West Virginia, Attorneys for Appellee.

Heather A. Wood, Esq., Public Defender Corp., Wheeling, West Virginia, Attorney for Appellant.

STARCHER, Justice:

I.

Introduction

Henry Harris was convicted of domestic battery1 on May 3, 1999, after a bench trial2 before Judge Arthur Recht of the Circuit Court of Ohio County. Specifically, Mr. Harris was charged with beating up his girlfriend, to whom we will refer as Ms. M.

Judge Recht concluded that the evidence at trial...

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