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STATE v. MURRAY

No. 33193.

649 S.E.2d 509 (2007)

STATE of West Virginia, Plaintiff Below, Appellee, v. Brian Daniel MURRAY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided: June 5, 2007.

Dissenting Opinion of Justice Davis June 29, 2007.

Dissenting Opinion of Justice Maynard June 8, 2007.

Concurring Opinion of Justice Benjamin July 25, 2007.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, R. Christopher Smith, Assistant Attorney General, Charleston, for Appellee.

Byron Craig Manford, Esq., Martinsburg, for Appellant.

PER CURIAM.

The appellant appeals his conviction for failure to render aid at an automobile accident involving death and his conviction for failure to maintain control of his automobile. The appellant assigns ten grounds as error. For the reasons stated herein we reverse and remand for a new trial.

I.

On the evening of June 15, 2004, the appellant, Brian Daniel Murray, was driving home from a friend's house in McConnellsburg, Pennsylvania. As he...

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