Legal Opinion · Concurring in part, dissenting in part

State v. Braham

West Virginia Supreme Court

Decided June 27, 2002No. 30247Published

1Concurring in part, dissenting in partMaynard, Justice

I agree with the majority that the admission of deposition testimony of a witness constituted grounds for reversal of the appellant’s conviction. Also, I agree that the appellant had the right to present circumstantial evidence linking his issuance of bad cheeks to the bar’s alleged failure to pay him his winnings on illegal machines. However, I do not agree that the State’s evidence of intent to defraud was insufficient to establish a criminal violation, and that the appellant cannot be retried. Therefore, I would reverse and remand for a new trial.

After reading the majority’s summary…

2Cases cited3 opinions

  1. State v. RogersWest Virginia Supreme Court · 2001
  2. State v. WillliamsWest Virginia Supreme Court · 1910
  3. State v. AugustineWest Virginia Supreme Court · 1933

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