State v. Nichols

NEELY, Justice:

Laddie Dean Nichols was convicted in the Circuit Court of Fayette County of uttering a forged writing, videlicet, a prescription, in violation of W.Va.Code, 61-4-5 [1961]. Mr. Nichols and an accomplice, Charles David Neal, were arrested in Oak Hill on 13 October 1983. The case was tried before a jury, and at the conclusion of the State’s case the appellant unsuccessfully moved for a judgment of acquittal.

The appellant’s principal contention on appeal is that the prosecution did not prove every material element of the offense. To sustain a conviction under W.Va.Code, 61-4-5…