State v. Frank S. (Signed Opinion)
Annotate this CaseAfter a jury trial, Defendant was found guilty of nine counts of rape, three counts of incest, and eight counts of sodomy for sexually abusing four girls. The Supreme Court affirmed, holding that the circuit court did not err in (1) denying Defendant’s pre-trial motion to sever the charges against him, as multiple trials would have resulted in four nearly identical and needless trials; (2) allowing the State to amend the indictment as to the years in which Defendant’s alleged conduct occurred because the amendment was “of form” and not substantial; (3) sentencing Defendant on charges he believed could not have occurred in West Virginia where the jury found that Petitioner committed the criminal conduct in West Virginia; and (4) denying Defendant’s motion for acquittal based on insufficient evidence, as the evidence was sufficient to support Defendant’s conviction.
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