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STATE v. WHITTINGTON

No. 14784.

284 S.E.2d 363 (1981)

STATE of West Virginia v. Lemuel WHITTINGTON.

Supreme Court of Appeals of West Virginia.

November 17, 1981.

Attorney(s) appearing for the Case

Michael T. Clifford and Leo Catsonis, Charleston, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Thomas N. Trent and James V. Cann, Asst. Attys. Gen., Charleston, for defendant in error.

PER CURIAM:

Appellant Lemuel Whittington was convicted in the Circuit Court of Nicholas County upon an indictment which charged him with driving a motor vehicle "while... under the influence of intoxicating liquors." Prior to the appellant's arrest and conviction, W.Va.Code, 17C-5-2(a) [1966] made it illegal "for any person who is under the influence of intoxicating liquor" to drive. However, this statute was amended effective May 30, 1976, to provide that...

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