State v. Petry

Neely, Chief Justice:

This is an appeal by Pamela Jean Petry from a conviction in the Circuit Court of Mason County for breaking and entering. Among other points, she contends that the indictment charged her as being a principal in the first degree; that the evidence in the case showed that she was a principal in the second degree; and, that the trial court, under our holding in State v. Bennett, 157 W.Va. 702, 203 S.E.2d 699 (1974) erred in failing to direct an acquittal. We agree that the trial court was incorrect in failing to direct a verdict of acquittal for the defendant; however, we…