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STATE v. MONGOLD

No. 33222.

647 S.E.2d 539 (2007)

STATE of West Virginia, Plaintiff Below, Appellee, v. Jeremiah David MONGOLD, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 6, 2007.

Concurring Opinion of Justice Starcher June 29, 2007.

Attorney(s) appearing for the Case

Lawrence E. Sherman, Jr., Romney, for Appellant.

Darrell V. McGraw, Jr., Attorney General, James W. Wegman, Assistant Attorney General, Charleston, for Appellee.

DAVIS, Chief Justice:

Jeremiah David Mongold (hereinafter referred to as "Mr. Mongold") appeals an order of the Circuit Court of Hampshire County convicting him of the crime of death of a child by a parent, guardian or custodian by child abuse. The circuit court sentenced Mr. Mongold to a definite term of imprisonment of forty years. Here, Mr. Mongold has made the following assignments of error: (1) the admission of evidence...

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