STATE v. WAYNE

No. 13768.

245 S.E.2d 838 (1978)

STATE of West Virginia v. William Ellsworth WAYNE.

Supreme Court of Appeals of West Virginia.

July 11, 1978.


Attorney(s) appearing for the Case

James M. Bradley, Jr., Parkersburg, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Paul T. Farrell, Asst. Atty. Gen., Charleston, for defendant in error.


NEELY, Justice:

Appellant, William Ellsworth Wayne, was convicted of first degree murder by a jury in the Circuit Court of Wood County. The conviction was based on the felony murder statute, W.Va.Code, 61-2-1 [1923] and the jury found that Wayne, while attempting to rob Felder's grocery store, shot and killed Arthur Herman Felder, the proprietor. We affirm.

I

Appellant contends that the trial court should have accepted his proffered guilty...

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