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STATE v. GREEN

No. 14140.

260 S.E.2d 257 (1979)

STATE of West Virginia v. James Lee GREEN.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion November 16, 1979.

Attorney(s) appearing for the Case

John R. Frazier, Princeton, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, for defendant in error.

HARSHBARGER, Justice:

James Lee Green was found guilty by a Mercer County jury, of second degree sexual assault on twenty-six year old Margaret Ann McClung. Sentenced to serve five to ten years in our penitentiary, his appeal alleges: (1) the trial court erred when it told him that if he testified the State could attack his character, and then did not correct his lawyer's advice to him in the court's presence, that if he testified the State could introduce prior convictions...

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