State v. Ocheltree

McHUGH, Justice:

The appellant, Joseph Milen Ocheltree, was convicted of the crime of burglary by breaking and entering. The case is before this Court on an appeal from a final order of the Circuit Court of Wood County, entered on July 3, 1980, denying the defendant’s motion to set aside the verdict and award him a new trial. That order also sentenced the defendant to a term of one to 15 years at the West Virginia State Penitentiary at Moundsville.

The defendant, Joseph Milen Ocheltree, was convicted after a jury trial of burglary by breaking and entering. On this appeal he assigns three…