State v. Frazier

Miller, Justice:

The defendant, Gary Lee Frazier, appeals from the denial by the Circuit Court of Wood County of his motion for new trial based on newly discovered evidence. We hold that the Circuit Court did not commit error, and affirm its judgment.

The defendant Frazier and Robert Postelwaite were jointly indicted for receiving stolen goods. The case was tried in April of 1972 and the jury returned a guilty verdict. Each was sentenced to one to ten years in the West Virginia Penitentiary. The sentences were stayed to enable them to perfect appeals.

In lieu of appealing, Frazier and…