STATE v. WAYNE

No. 15205.

289 S.E.2d 480 (1982)

STATE of West Virginia, v. William Ellsworth WAYNE.

Supreme Court of Appeals of West Virginia.

March 26, 1982.


Attorney(s) appearing for the Case

Camilletti & Sacco and Paul C. Camilletti, Wheeling, for appellant.

Chauncey H. Browning, Atty. Gen. and Silas B. Taylor, Asst. Atty. Gen., Charleston, for appellee.


MILLER, Chief Justice:

The defendant, William Ellsworth Wayne, was convicted of first degree murder with a recommendation of mercy in the Circuit Court of Marshall County. His principal claim of error is that the court misapplied the felony-murder rule because the underlying felony of robbery had been completed prior to the murder. The State's theory of the case was that the defendant was among the initial group of four or five inmates who engineered the escape and...

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