STATE v. O'CONNELL

No. 13965.

256 S.E.2d 429 (1979)

STATE of West Virginia v. William Francis O'CONNELL.

Supreme Court of Appeals of West Virginia.

July 10, 1979.


Attorney(s) appearing for the Case

Charles W. Davis, Richardson, Kemper, Hancock & Davis, Bluefield, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Dennis M. Abrams, Asst. Atty. Gen., Charleston, for defendant in error.


McGRAW, Justice:

The defendant was tried and convicted of first degree murder in the Circuit Court of Mercer County and was sentenced to life imprisonment with mercy.

The principal assignment of error is that the trial court erred in giving, over objection, an instruction impermissibly shifting the burden of proof to the defendant as to a material element of the crime. More specifically, the defendant contends State's Instruction No. 5 violates the principles...

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