State v. Choat

McHUGH, Justice:

This case is before this Court upon the appeal of Frank Choat. It arises from an order of the Circuit Court of Ohio County which placed the defendant on two years probation after he was found guilty by a jury of carrying a dangerous or deadly weapon without a state license in violation of W.Va.Code, 61-7-1 [1975]. This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel.

I

On September 2, 1985, two Wheeling police officers, Cecil Chiplinski and Keith Brown,- were patrolling the Wheeling Island area located in Ohio County. At…