State v. James Edward S.

MILLER, Justice:

James Edward S. 1 was convicted by a jury in Marion County of incest in violation of W.Va.Code, 61-8-12 (1986), 2 was sentenced to five-to-ten years of imprisonment, and was fined $5,000. Two principal errors are asserted on appeal. The first is that the trial court erroneously admitted hearsay evidence under Rule 803(24) of the West Virginia Rules of Evidence (W.Va.R. Evid.). The second alleged error is that the trial court refused to permit the impeachment of a State’s witness by extrinsic evidence of bias. 3 We agree that reversible error was committed on the first ground.

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