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STATE v. MOORE

No. 13444.

212 S.E.2d 608 (1975)

STATE of West Virginia v. Stephen M. MOORE.

Supreme Court of Appeals of West Virginia.

March 18, 1975.

Attorney(s) appearing for the Case

Frank M. Armada, Poca, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for defendant in error.

CAPLAN, Justice:

At the November Term, 1972, of the Circuit Court of Putnam County, the defendant, Stephen M. Moore, was indicted by the grand jury of that county for the crime of breaking and entering. To the indictment the defendant entered a plea of not guilty and upon trial the jury found him "guilty as charged in the within indictment". The defendant's motion for a new trial was denied and he was sentenced to confinement in the state penitentiary for an indeterminate...

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