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STATE v. JAMES

No. 29990.

563 S.E.2d 797 (2002)

211 W.Va. 132

STATE of West Virginia, Plaintiff Below, Appellee v. Shawna Dawn JAMES, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 5, 2002.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Kimberly Stitzinger Jones, Assistant Attorney General, Charleston, for the Appellee.

Paul R. Stone, Jack L. Hickok, WV Public Defender Services, Charleston, for the Appellant.

PER CURIAM:

Shawna James (hereinafter "Appellant") appeals from an order of the Circuit Court of Kanawha County entered September 25, 2000, which denied her motion seeking a new trial in connection with her conviction for malicious assault in 1998. Appellant asserts that the trial court erred in giving an instruction which Appellant asserts is a version of the so-called "missing witness" instruction. After a careful review of the record, the parties' briefs and arguments...

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