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STATE v. DAVIS

No. 31679.

616 S.E.2d 89 (2004)

217 W.Va. 93

STATE of West Virginia, Plaintiff Below, Appellee v. Marybeth DAVIS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 2, 2004.

Dissenting Opinion of Justice Starcher December 23, 2004.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Jon R. Blevins, Assistant Attorney General, W. Mark Burnette, Special Assistant Attorney General, Charleston, West Virginia, Attorney for Appellee.

Paul S. Detch, Esq., Lewisburg, West Virginia, Attorney for Appellant.

Justice STARCHER dissents and reserves the right to file a dissenting opinion.

PER CURIAM:

This is an appeal by Marybeth Davis from an order of the Circuit Court of Greenbrier County denying her a new trial, on the basis of newly discovered evidence, on charges that she had murdered her infant daughter and had attempted to injure, by poisoning, her infant son. The appellant was sentenced to life in the penitentiary, without mercy, on the murder charge, and to from three to eighteen years in the penitentiary on the attempt to injure charge.<...

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