State v. Barker

The appellant, James Edward Barker, was charged by indictment with receiving stolen goods. W.Va.Code, 61-3-18 [1931]. 1 Following a jury trial, he was convicted of grand larceny. 2 Judgment was entered upon the jury’s verdict, and the appellant was sentenced to a term of not less than one nor more than ten years in the West Virginia State Penitentiary.

The appellant assigns as error: (1) communication between the trial judge and the jury, during deliberation, outside the presence of the appellant and his counsel; (2) ineffective assistance of counsel evidenced by the failure to move for the…