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STATE v. DUNCAN

No. 14984.

283 S.E.2d 855 (1981)

STATE of West Virginia v. John DUNCAN, Jr.

Supreme Court of Appeals of West Virginia.

November 10, 1981.

Attorney(s) appearing for the Case

John R. Mitchell and Charles E. Pettry, Jr., Charleston, for appellant.

Chauncey H. Browning, Atty. Gen., and Janet Frye Steele, Asst. Atty. Gen., Charleston, for appellee.

PER CURIAM:

John Duncan, Jr., appeals his conviction of second degree murder contending that the trial court committed reversible error under State v. Kirtley, W.Va., 252 S.E.2d 374 (1978) by giving an instruction on behalf of the state that placed the burden on Duncan to prove by a preponderance of the evidence that he acted in self-defense. He also contends there was other instructional error in the case and that the trial...

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