STATE v. HADDOX

No. 14251.

276 S.E.2d 788 (1981)

STATE of West Virginia v. Cheryl Ann HADDOX.

Supreme Court of Appeals of West Virginia.

April 3, 1981.


Attorney(s) appearing for the Case

Preiser & Wilson, John W. Swisher and Franklin S. Fragale, Jr., Charleston, for plaintiff-in-error.

Chauncey H. Browning, Atty. Gen. and S. Clark Woodroe, Asst. Atty. Gen., Charleston, for defendant-in-error.


PER CURIAM:

In this appeal from the Circuit Court of Cabell County, the appellant, Cheryl Ann Haddox, seeks reversal of a final judgment of conviction entered upon a jury verdict finding her guilty of second degree murder.

The appellant assigns as error the giving, over objection, of Court's Instruction No. 10. That instruction reads, in pertinent part, as follows:

"The Court instructs the jury that if you believe from the evidence beyond a reasonable...

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