State of West Virginia v. Jerry E. Berry

LOUGHRY, Chief Justice:

The petitioner, Jerry E. Berry, appeals from the April 15, 2016, final order of the Circuit Court of Summers County sentencing him to one to ten years imprisonment upon his jury conviction of one count of the felony offense of embezzlement. 1 In this appeal, the petitioner contends the circuit court erred by not granting his motions for judgment of acquittal because the State failed to present sufficient evidence at trial to support his conviction. The petitioner also argues the circuit court erred by not granting his motion for a mistrial after the prosecuting attorney…