Matter of Stephfon W.

MILLER, Justice:

We consolidated these two appeals because they involve a common issue in connection with a juvenile transfer hearing under W.Va. Code, 49-5-10 (1978).1 The issue is whether the State may rely solely on the evidence it introduced at the preliminary hearing and foreclose the defense from introducing evidence at the subsequent transfer hearing. We determine that this may not be done.

The Circuit Court of Marion County, by order dated January 20, 1993, transferred Stephfon W. and George Anthony W., from juvenile jurisdiction to adult criminal jurisdiction. The defendants are…