Nos. 19489, 19488.

396 S.E.2d 871 (1990)

STATE of West Virginia v. Charles Ray MERRITT. Charles Ray MERRITT v. Carl LEGURSKY, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

July 26, 1990.

Attorney(s) appearing for the Case

Michael J. Farrell, Jenkins Fenstermaker, Krieger, Kayes & Ferrell, Huntington, for Charles Ray Merritt.

Roger W. Tompkins, Atty. Gen., Richard M. Riffe, Sr. Atty. Gen., Charleston, John L. Cummings, Pros. Atty., Huntington, for State of W.Va.

Roger W. Tompkins, Atty. Gen., Richard M. Riffe, Sr. Asst. Atty. Gen., Charleston, for Carl Legursky.

WORKMAN, Justice:

Charles Ray Merritt (hereinafter the defendant) was convicted of first degree murder and sentenced by the Circuit Court of Cabell County to life without mercy. The defendant now appeals his conviction on the basis of numerous assignments of error, but contends that the primary assignment is insufficient evidence. In addition to the appeal of his criminal conviction, the defendant has filed a writ of habeas corpus ad subjiciendum seeking an unconditional...


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