STATE v. ROSE

No. 12987.

192 S.E.2d 884 (1972)

STATE of West Virginia v. Samuel Blaine ROSE.

Supreme Court of Appeals of West Virginia.

Decided October 31, 1972.

Dissenting Opinion November 13, 1972.

Rehearing Denied December 18, 1972.


Attorney(s) appearing for the Case

Wilson, Frame & Rowe, Clark B. Frame, Morgantown, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., George E. Lantz, Deputy Atty. Gen., Willard A. Sullivan, Asst. Atty. Gen., Charleston, for defendant in error.


BERRY, Acting President:

The appellant, Samuel Blaine Rose, appeals from a final order of the Circuit Court of Monongalia County entered on June 9, 1970 which revoked the appellant's probation and remanded him to the penitentiary to serve his previously imposed sentence of two to five years as a result of his conviction for possession of marihuana.

The appellant, while a freshman at West Virginia University, was arrested for speeding and reckless driving as...

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