State v. Franklin

NEELY, Chief Justice:

Larry Dale Franklin was indicted by the grand jury of Berkeley County on 18 May 1982 under W.Va.Code 17C-5-2(a) [1981] for the felony charge of driving under the influence of alcohol, resulting in death. The appellant was found guilty, and, accordingly, sentenced to 1-3 years, fined, and required to pay court costs. Because, under the circumstances of this case, the activities of courtroom spectators constituted reversible error, we reverse the circuit court’s holding and remand this case for a new trial.

On 5 March 1982, an aging 1969 Ford pickup truck collided with a…