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GAINES v. LEVERETTE

No. 14286.

266 S.E.2d 451 (1980)

C. J. GAINES v. Bobby LEVERETTE, Supt., West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

May 20, 1980.

Attorney(s) appearing for the Case

Robert J. Wallace, Buckhannon, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, for respondent.

HARSHBARGER, Justice:

On May 5, 1967, C. J. Gaines was found guilty of murder without recommendation of mercy by a Randolph County jury, and the verdict did not specify the degree of murder as required by W.Va.Code, 62-3-15.

The indictment was in the form prescribed in Code, 62-9-3:

[Gaines and co-defendant] . . . feloniously, wilfully, maliciously, deliberately and unlawfully did slay, kill and murder one [Kenzie Taylor], against the peace and dignity...

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