STATE v. BAYLOR

No. 27771.

542 S.E.2d 399 (2000)

208 W.Va. 578

STATE of West Virginia Plaintiff below, Appellee, v. James Allen BAYLOR, Defendant below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2000.


Attorney(s) appearing for the Case

Melvin C. Snyder, III, Esq., Preston County Prosecuting Attorney, Kingwood, for Appellee.

James B. Zimarowski, Esq., Morgantown, for Appellant.


PER CURIAM.

I.

In the instant case, James Allen Baylor appeals his conviction of malicious assault, a violation of W.Va.Code, 61-2-9 [1978]. A jury convicted Mr. Baylor of this offense based on evidence that Mr. Baylor had kicked Jason Trickett in the face and head.

The kicking occurred at the house of a neighbor of Mr. Baylor. Mr. Trickett and a friend had sneaked into Mr. Baylor's neighbor's house for a secret, early-morning rendezvous with...

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