State v. McNeal

McGraw, Justice:

Defendant, upon a plea of not guilty, was convicted by a jury on June 17, 1976, of robbery by violence and was sentenced to a term of forty years in the penitentiary.

The record indicates that on December 9, 1975, at approximately 9:40 o’clock P.M., two black men approached the pay booth at an Exxon Station in Charleston, West Virginia, and purchased a small container of gasoline. Shortly thereafter they returned, one sloshed gasoline through the window, and the other ignited it with a match. The attendant, Kincaid, who was forced to flee the booth, was immediately accosted by…