STATE v. SIMS

No. 13906.

248 S.E.2d 834 (1978)

STATE of West Virginia v. Paul Emerson SIMS.

Supreme Court of Appeals of West Virginia.

November 14, 1978.


Attorney(s) appearing for the Case

Galbraith, Seibert, Kasserman, Farnsworth, Gillenwater & Glauser, Elba Gillenwater, Jr., Wheeling, O'Brien & Cassidy, Patrick S. Cassidy, Wheeling, for plaintiff-in-error.

Chauncey H. Browning, Atty. Gen., Gregory E. Elliott, Asst. Atty. Gen., Charleston, for defendant-in-error.


MILLER, Justice:

Paul Sims, after pleading guilty to first degree murder, contends that he was coerced into the plea as a result of the trial court's ruling in connection with the felony-murder rule.

The claimed coercion occurred when the trial court ruled preliminarily to the trial that as a matter of law Sims' defense of an accidental discharge of his shotgun during the commission of a burglary would not permit...

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