[Download] "State West Virginia v. Bobby Dean Stacy" by Supreme Court of Appeals of West Virginia # eBook PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Bobby Dean Stacy
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
1. "The plain error doctrine contained in Rule 30 and Rule 52(b) of the West Virginia Rules of Criminal Procedure is identical.
It enables this Court to take notice of error, including instructional error occurring during the proceedings, even though
such error was not brought to the attention of the trial court. However, the doctrine is to be used sparingly and only in
those circumstances where substantial rights are affected, or the truth finding process is substantially impaired, or a miscarriage
of Justice would otherwise result." Syl. Pt. 4, State v. England, 180 W.Va. 342, 376 S.E.2d 548, 550 (1988). 2. Since the underlying felony is an essential element of felony-murder, the jury must be instructed as to the elements which
constitute the underlying felony.
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