State v. Underwood

Miller, Justice:

Appellant David Underwood and his wife Annette Underwood were jointly indicted for the manufacture of marijuana in violation of W. Va. Code, 60A-4-401. David Underwood was convicted by a jury in the Circuit Court of Marion County of an attempt to manufacture and was sentenced to twelve months in the county jail. Annette Underwood was found not guilty by the same jury.

The State’s evidence consisted of testimony that a single marijuana plant was growing in appellant’s back yard and that the plant was tied to a bamboo stake with string. One of the appellant’s neighbors testified…