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STATE v. NEIDER

No. 15143.

295 S.E.2d 902 (1982)

STATE of West Virginia v. Shelly Lynn NEIDER.

Supreme Court of Appeals of West Virginia.

September 20, 1982.

Attorney(s) appearing for the Case

Harry G. Deitzler, Pros. Atty. and Dennis R. Lewis, Asst. Pros. Atty., Williamstown, for appellee.

Ernest M. Douglass, Parkersburg, for appellant.

MILLER, Chief Justice:

The defendant in this proceeding, Shelly Lynn Neider, was sentenced by the Circuit Court of Wood County to ten years in the state penitentiary for aggravated or armed robbery.1 On appeal she argues that larceny was a lesser included offense under her robbery indictment and consequently the trial court erred in refusing to give a larceny instruction. She also claims that...

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