Rory Perry's WeblogLaw, technology, and the courtsCRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived- February 1, 2008 STATE v. DANIEL B. BINGMAN, No. 33299 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(October 26, 2007). Affirming a conviction and sentence imposed by the Circuit Court of Gilmer County upon conviction for one count of petit larceny in violation of W. Va. Code 61-3-13(b). The indictment for grand larceny occurred more than one year after the offense. Holding that defense counsel failed to object to jury instructions on the lesser-included offense, thereby waiving any statute.http://radio.weblogs.com/0103705/2008/02/01.html#a1329 |