[DOWNLOAD] "State West Virginia v. Clarence E. Myers" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free

March 04, 2021

eBook details

Title: State West Virginia v. Clarence E. Myers
Author : Supreme Court of Appeals of West Virginia
Release Date : January 17, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

1. The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. It protects against a second prosecution for the same offense after conviction. It also prohibits multiple punishments for the same offense. Syl. pt. 1 of Conner v. Griffith, 160 W.Va. 680, 238 S.E.2d 529 (1977). 2. When charged under either the negligent homicide statute, W.Va. Code, 17C-5-1 [1981], or the involuntary manslaughter statute, W.Va. Code, 61-2-5 [1923], for multiple deaths resulting from a single act, a defendant may receive as many sentences as there were deaths. Syl. pt. 3 of Myers v. Murensky, 162 W.Va. 5, 245 S.E.2d 920 (1978) is overruled.