Link to PDF file IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2004 Term No. 31679 STATE OF WEST VIRGINIA, Plaintiff Below, Appellee v. MARYBETH DAVIS, Defendant Below, Appellant Appeal from the Circuit Court of Greenbrier County Honorable Frank E. Jolliffe, Judge Criminal Action No. 96-F-102 AFFIRMED Submitted: September 14, 2004 Filed: December 2, 2004 Darrell V. McGraw, Jr. Attorney General Jon R. Blevins Assistant Attorney General W. Mark Burnette Special Assistant Attorney General Charleston, West Virginia Attorneys for Appellee Paul S. Detch, Esq. Lewisburg, West Virginia Attorney for Appellant The Opinion of the Court was delivered PER CURIAM. JUSTICE STARCHER dissents and reserves the right to file a dissenting opinion. SYLLABUS State v. Frazier , 162 W. Va. 935, 253 S.E.2d 534 (1979). Per Curiam: This is an appeal by Marybeth Davis from an order of the Circuit Court of Greenbrier County denying her a new trial, on the basis of newly discovered evidence, on charges that she had murdered her infant daughter and had attempted to injure, by poisoning, her infant son. The appellant was sentenced to life in the penitentiary, without mercy, on the murder charge, and to from three to eighteen years in the penitentiary on the attempt to injure charge. I. | |
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