STATE v. BOYD

No. 13727.

233 S.E.2d 710 (1977)

STATE of West Virginia v. Jim BOYD.

Supreme Court of Appeals of West Virginia.

March 29, 1977.


Attorney(s) appearing for the Case

Wade H. Ballard, III, Peterstown, John R. Frazier, Princeton, for Boyd.

Chauncey H. Browning, Jr., Atty. Gen., Betty L. Caplan, Asst. Atty. Gen., Charleston, for the State.


MILLER, Justice:

In this appeal from a first degree murder conviction in the Circuit Court of Mercer County, we consider assignments of error as to the use of defendant's silence for impeachment, the alleged prejudicial conduct of the prosecutor, and the absence of the accused during a hearing at trial. We reverse the conviction on each of these grounds.

On December 1, 1972, the defendant, Jim Boyd, shot and killed...

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