State v. Duskey

This is an appeal by Daniel Dewitt Dus-key from a final order of the Circuit Court of Calhoun County adjudging him guilty of conspiracy to commit arson and possession of a molotov cocktail. The appellant was sentenced to not less than one nor more than fifteen years and not less than one nor more than ten years, respectively, to be served concurrently in the state penitentiary. Appellant seeks a reversal on the ground that under Rule 8(a) of the West Virginia Rules of Criminal Procedure the State waived its right to try him on the conspiracy and molotov cocktail indictments after electing to…