dissenting:
For the reasons stated in my concurring opinion in State v. Phalen, 192 W.Va. 267, 271-72, 452 S.E.2d 70, 74-75 (1994), I respectfully dissent from the legal standard expressed in Syllabus Point 1 of the majority’s opinion.
dissenting:
For the reasons stated in my concurring opinion in State v. Phalen, 192 W.Va. 267, 271-72, 452 S.E.2d 70, 74-75 (1994), I respectfully dissent from the legal standard expressed in Syllabus Point 1 of the majority’s opinion.