State v. Ferrell

NEELY, Chief Justice:

This is an appeal by Angela Ferrell from a misdemeanor battery conviction under W.Va.Code 61-2-9(c) [1978] in the Circuit Court of Cabell County. On 13 September 1983 the appellant was sentenced to six months in jail and fined $100; she was then granted bail pending appeal. Miss Ferrell asserts here that the circuit court erred in refusing her request to depose an out-of-state witness. We affirm the circuit court.

On the evening of 21 December 1982, two emergency medical technicians, Brett Payne and Jeff Kingery, were dispatched to the home of the appellant, Angela…