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STATE v. SMITH

No. 15106.

295 S.E.2d 820 (1982)

STATE of West Virginia v. Barry SMITH.

Supreme Court of Appeals of West Virginia.

September 17, 1982.

Attorney(s) appearing for the Case

Laurie Garrigan, Asst. Atty. Gen., Charleston, for appellee.

Bradley J. Pyles, Crandall, Pyles, Crandall & Poyourow, Logan, for appellant.

HARSHBARGER, Justice:

Upon an indictment for malicious wounding, Barry Smith was convicted of battery in the Circuit Court of Wetzel County. Smith's primary contention on appeal is that the State's instructions incorrectly stated the applicable law of self-defense and prejudiced his defense.

The incident leading to this indictment arose during a labor dispute involving the Wetzel County Hospital in New Martinsville, West Virginia. Smith was a labor organizer...

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