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STATE v. FERGUSON

No. 33530.

662 S.E.2d 515 (2008)

STATE of West Virginia, Plaintiff Below, Appellee, v. Dreu FERGUSON, Jr., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 28, 2008.

Attorney(s) appearing for the Case

Teresa C. Monk, Drew Patton, Spencer, for the Appellant.

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

PER CURIAM:

This is an appeal by Dreu Ferguson, Jr., defendant below (hereinafter "Mr. Ferguson"), from his criminal conviction for voluntary manslaughter related to the shooting death of his neighbor, Mr. William Freas (hereinafter "Mr. Freas"). Mr. Ferguson claims that the Circuit Court of Mason County erred by striking the testimony of Dr. Timothy Saar, which was offered to establish Mr. Ferguson's defense of diminished capacity. The State confesses error and does...

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