State v. O'DONNELL

WORKMAN, Chief Justice:

Charles Daniel O’Donnell appeals from a December 12, 1991, order of the Circuit Court of Summers County, West Virginia, denying Appellant’s motion to set aside his conviction of the felonies of sexual assault of a spouse and two counts of aiding and abetting sexual assault in the second degree and for a new trial based upon the grounds of newly-discovered evidence. Finding that the circuit court erred in not granting the Appellant a new trial on the grounds of newly-discovered evidence, we reverse the decision of the circuit court and remand this case for entry of an…