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STATE v. LOWERY

No. 33660.

664 S.E.2d 169 (2008)

STATE of West Virginia, Appellee v. John LOWERY, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 27, 2008.

Attorney(s) appearing for the Case

Crystal L. Walden, Esq., Public Defender Corporation, Charleston, WV, for Appellant.

Darrell V. McGraw, Jr., Attorney General, Barbara H. Allen, Managing Deputy Attorney General, Charleston, WV, for Appellee.

PER CURIAM.

The appellant was indicted for six sexual offenses—three felony counts under W.Va. Code, 61-8B-5 [2000] and three misdemeanor counts under W.Va.Code, 61-8B-9 [1984]. The appellant claims in this appeal that the trial court erred by allowing the testimony of the appellant's pastor, by failing to declare a mistrial based upon a spectator outburst during trial, and by failing to direct a verdict of acquittal on the felony counts because...

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