STATE v. FERGUSON

No. 14399.

270 S.E.2d 166 (1980)

STATE of West Virginia v. Ernest FERGUSON.

Supreme Court of Appeals of West Virginia.

September 23, 1980.


Attorney(s) appearing for the Case

Greene, Ketchum & Mills and Larry A. Bailey, Wayne, Ralph S. Dickerson, Kenova, for plaintiff-in-error.

Chauncey H. Browning, Atty. Gen., Charleston, Robert O. Ellis, Sp. Asst. Atty. Gen., Huntington, for defendant-in-error.


HARSHBARGER, Justice:

In March, 1978, Ernest Ferguson was convicted by a jury in Wayne County Circuit Court, and sentenced to life imprisonment without recommendation of mercy, for murdering his wife, Leota.

The undisputed evidence was that Mrs. Ferguson died of a bullet wound suffered on July 19, 1977, at her home, and that immediately before receiving the wound she was engaged in physical struggle with her husband...

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