STATE v. McKINNEY

No. 13849.

244 S.E.2d 808 (1978)

STATE of West Virginia v. Frank Joseph McKINNEY.

Supreme Court of Appeals of West Virginia.

June 6, 1978.


Attorney(s) appearing for the Case

Ben B. White, Jr., Princeton, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., William D. Highland, Asst. Atty. Gen., Charleston, for defendant in error.


CAPLAN, Chief Justice:

Frank J. McKinney was convicted of murder of the first degree in the Circuit Court of Mercer County and, mercy having been recommended by the jury, was sentenced to imprisonment for life. Upon his petition a writ of error was granted.

The defendant was charged with the murder of one William David Walsh. The record discloses that the deceased died from a gunshot wound in the temple or as a result of a fractured skull. According to medical...

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