STATE v. HARRISTON

No. 13933.

253 S.E.2d 685 (1979)

STATE of West Virginia v. Steven Charles HARRISTON.

Supreme Court of Appeals of West Virginia.

April 10, 1979.


Attorney(s) appearing for the Case

Brown H. Payne, Beckley, Franklin D. Cleckley, Morgantown, for petitioner.

Chauncey H. Browning, Jr., Atty. Gen., Michael G. Clagett, Asst. Atty. Gen., Charleston, for defendant.


HARSHBARGER, Justice:

After having been tried by a jury which could not agree, Steven Harriston was again tried, and convicted by a jury in the Circuit Court of Mingo County of delivery of marijuana and sentenced to one to five years in the penitentiary.

The State's evidence was that he sold a quantity of the substance to Trooper Faulknier, a state police undercover agent.

I.

Did the court err in allowing Faulknier to be excluded from witness...

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