1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 267 S.E.2d
  5. 267 S.E.2d 554 (1980)
 

STATE EX REL. WILHELM v. WHYTE

No. 14581.

267 S.E.2d 554 (1980)

STATE ex rel. Wallace H. WILHELM v. William WHYTE, Warden, Huttonsville Correctional Center.

Supreme Court of Appeals of West Virginia.

July 8, 1980.

Attorney(s) appearing for the Case

Dailey & Miller and Lawrence S. Miller, Jr., Kingwood, for plaintiff-in-error.

Chauncey H. Browning, Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, for defendant-in-error.

PER CURIAM:

This is an appeal brought by Wallace H. Wilhelm from an order of the Circuit Court of Preston County denying him habeas corpus relief. In the habeas corpus proceeding Mr. Wilhelm contended that, under our ruling in State v. Pendry, W.Va., 227 S.E.2d 210 (1976), he was entitled to release from custody on the ground that an instruction given during his murder trial unconstitutionally shifted the burden of proof...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases