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STATE v. EVANS

No. 15854.

310 S.E.2d 877 (1983)

STATE of West Virginia v. Jeffrey Eugene EVANS.

Supreme Court of Appeals of West Virginia.

December 15, 1983.

Attorney(s) appearing for the Case

D. Grove Moler, Mullens, for appellant.

Fredrick S. Wilkerson, Asst. Atty. Gen., Charleston, for appellee.

McHUGH, Justice.

Jeffrey Eugene Evans appeals from his conviction, by a jury in the Circuit Court of Wyoming County, of second degree murder. The appellant makes five assignments of error: (1) the essential element of malice was not proven beyond a reasonable doubt; (2) a State's instruction, permitting the inference of intent, should not have been given; (3) it was error to refuse a defense instruction on reasonable doubt...

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