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  5. 648 S.E.2d 354 (2007)
 

STATE v. DAVIS

No. 33191.

648 S.E.2d 354 (2007)

STATE of West Virginia, Plaintiff Below, Appellee, v. Wade C. DAVIS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided April 5, 2007.

Dissenting Opinion of Justice Maynard June 8, 2007.

Dissenting Opinion of Justice Benjamin July 25, 2007.

Attorney(s) appearing for the Case

Crystal L. Walden, Gregory L. Ayers, Office of the Public Defender, Charleston, for Appellant.

Darrell V. McGraw, Jr., Attorney General, R. Christopher Smith, Assistant Attorney General, Charleston, for Appellee.

PER CURIAM:

Wade C. Davis appeals from an order of the Circuit Court of Kanawha County sentencing him to a term of ten years imprisonment after a jury convicted him of second degree murder. Here, Mr. Davis argues that the circuit court committed reversible error by failing to instruct the jury that "intent" is an element of second degree murder. After a careful review of the briefs and record, we reverse and remand this case for a new trial.

I.

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