STATE v. McABOY

No. 13687.

236 S.E.2d 431 (1977)

STATE of West Virginia v. Jackie Lee McABOY.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 15, 1977.


Attorney(s) appearing for the Case

Chauncey H. Browning, Jr., Atty. Gen., Fredric J. George, Deputy Atty. Gen., Charleston, for defendant in error.

Nelson, Hager & Pancake, David M. Pancake, Huntington, for plaintiff in error.


MILLER, Justice:

The defendant, Jackie Lee McAboy, appeals his second degree murder conviction and assigns as principal error that the trial court committed reversible error when it permitted the State to attempt to impeach his credibility by questioning him as to a prior felony conviction.

We agree and hold that evidence of prior convictions to impeach the credibility of a defendant in a criminal trial is henceforth not permissible, except as hereinafter...

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