State v. Trail

BROTHERTON, Justice:

This is an appeal from a final judgment of the Circuit Court of Raleigh County, in which the petitioner was convicted of abduction, malicious assault, and second degree sexual assault. The charges stemmed from an incident in which the petitioner came across two teenagers, hit the male teenager over the head with a log, and led the female off into the woods and raped her. Petitioner assigns the following errors: first, that punishment for both abduction and sexual assault based on the same transaction violates the double jeopardy clause; second, that the trial court should…