STATE v. BARNHART

No. 29967.

563 S.E.2d 820 (2002)

211 W.Va. 155

STATE of West Virginia, Plaintiff Below, Appellee, v. Robin BARNHART, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Filed April 8, 2002.


Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Allen H. Loughry, II, Senior Assistant Attorney General, Charleston, West Virginia, Attorneys for Appellee.

Jack Wood, Assistant Public Defender, Public Defender Corporation, Wheeling, West Virginia, Attorney for Appellant.


PER CURIAM.

This appeal arises from criminal proceedings in the Circuit Court of Ohio County. On January 11, 2000, an Ohio County grand jury indicted the appellant, Robin Barnhart, for the felony offense of malicious assault; a jury later convicted her of the lesser included offense of battery, a misdemeanor.

Ms. Barnhart claims that the circuit court erred in not dismissing the indictment because a member of the grand jury was a police officer who played...

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