STATE v. NEUMAN

No. 17903.

371 S.E.2d 77 (1988)

STATE of West Virginia v. Mark Stewart NEUMAN.

Supreme Court of Appeals of West Virginia.

July 1, 1988.


Attorney(s) appearing for the Case

Silas Taylor, Deputy Atty. Gen., State Capitol, for plaintiff.

David L. White, Bluefield, for defendant.


McGRAW, Justice:

This is an appeal by Mark Stewart Neuman from a final judgment order entered in the Circuit Court of Mercer County following a jury verdict finding him guilty of first degree murder, but recommending mercy. Because we agree with the Appellant that the circuit court erred in allowing introduction of evidence of the victim's peacefulness and in not ascertaining whether the Appellant had properly waived his right to testify, the judgment of the circuit...

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