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STATE v. BINGMAN

No. 33299.

654 S.E.2d 611 (2007)

STATE of West Virginia, Plaintiff Below, Appellee, v. Daniel B. BINGMAN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 26, 2007.

Dissenting Opinion of Justice Albright October 29, 2007.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Robert D. Goldberg, Esq., Assistant Attorney General, R. Christopher Smith, Esq., Assistant Attorney General, Charleston, WV, for Appellee.

Rodger D. Curry, Esq., Curry & Swisher, P.L.L.C., Fairmont, WV, for appellant.

PER CURIAM.

This case is before the Court upon the appeal of the appellant, Daniel B. Bingman. The appellant appeals from the March 10, 2006, order of the Circuit Court of Gilmer County, which denied his motion for a new trial and sentenced him to a term of one year in the state penitentiary upon his conviction by a jury of one count of petit larceny in violation of West Virginia Code § 61-3-13(b). The appellant argues that the circuit court erred in instructing...

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