STATE v. MESSINGER

No. 14012.

256 S.E.2d 587 (1979)

STATE of West Virginia v. Herman Sanford MESSINGER, Jr.

Supreme Court of Appeals of West Virginia.

July 17, 1979.


Attorney(s) appearing for the Case

Robert K. Means, Huntington, for plaintiff in error.

Chauncey H. Browning, Jr., Atty. Gen., Ann V. Gordon, Asst. Atty. Gen., Charleston, for defendant in error.


PER CURIAM:

In this appeal from a conviction for first degree murder we are asked to examine four questions:

1. Whether the trial court erred in giving an instruction which informed the jury that homicide committed with a deadly and dangerous weapon was presumed to be second degree murder;

2. Whether the trial court properly instructed the jury on the manner in which the testimony of an accomplice to the...

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