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STATE v. MILAM

No. 13618.

226 S.E.2d 433 (1976)

STATE of West Virginia v. Luther A. MILAM.

Supreme Court of Appeals of West Virginia.

July 13, 1976.

Attorney(s) appearing for the Case

D. Grove Moler and Thomas D. Poe, Mullens, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for defendant in error.

BERRY, Chief Justice.

On June 28, 1974, Luther A. Milam shot and killed one Seaboy Gillespie in Mullens, Wyoming County, West Virginia. As a result of his actions, Milam was indicted, tried before a jury, and found guilty of first degree murder with a recommendation of mercy. The Circuit Court of Wyoming County entered a judgment on the jury verdict and Milam now appeals.

There is no material conflict in the facts...

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