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STATE v. MAISEY

No. 31588.

600 S.E.2d 294 (2004)

215 W.Va. 582

STATE of West Virginia, Plaintiff Below, Appellee, v. Brian Joseph MAISEY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Filed: June 28, 2004.

Attorney(s) appearing for the Case

Gary L. Rymer, Esq., D. Luke Furbe, Law Student, Middlebourne, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Colleen A. Ford, Assistant Attorney General, Charleston, for Appellee.

PER CURIAM.

Brian Joseph Maisey, a teenaged boy arrested for having a large knife in his pocket, appeals his conviction for carrying a concealed and deadly weapon. For the reasons set forth below, we reverse and remand with directions.

I.

FACTS

This case concerns charges filed against an 18-year-old who was in possession of a butterfly or "gravity" knife. In the early morning hours of March 18, 2001 a Tyler County Sheriff's deputy discovered...

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