State v. Allman (Signed Opinion)
Annotate this CaseThe Supreme Court affirmed Petitioner’s convictions for felony escape, destruction of property, and petit larceny and the circuit court’s denial of a new trial, holding that the circuit court committed no reversible error. Specifically, the Court held (1) an individual charged with a felony who escapes from lawful confinement as prescribed in W. Va. Code 61-5-10 may be convicted of the offense of felony escape irrespective of the ultimate outcome of the charge for which he or she was in lawful custody or confinement; (2) the trial court did not err in denying Petitioner’s motion for a new trial as to the escape and destruction of property charges on the basis of newly-discovered evidence; and (3) the circuit court did not commit reversible error in permitting the escape and destruction of property charges to be tried first.
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