STATE v. FRAZIER

No. 13866.

253 S.E.2d 534 (1979)

STATE of West Virginia v. Gary Lee FRAZIER.

Supreme Court of Appeals of West Virginia.

April 10, 1979.


Attorney(s) appearing for the Case

Robert E. Keltner, Parkersburg, for P. E.

Leo Catsonis, Charleston, for intervenor-Robert Gordon Postelwaite.

Chauncey H. Browning, Jr., Atty. Gen., Pamela Dawn Tarr, Asst. Atty. Gen., Charleston, for D. E.


MILLER, Justice:

The defendant, Gary Lee Frazier, appeals from the denial by the Circuit Court of Wood County of his motion for new trial based on newly discovered evidence. We hold that the Circuit Court did not commit error, and affirm its judgment.

The defendant Frazier and Robert Postelwaite were jointly indicted for receiving stolen goods. The case was tried in April of 1972 and the jury returned a guilty verdict. Each was sentenced to one to ten years...

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