· 11/15/1966
State Ex Rel. Combs v. Boles
Citations
- 151 S.E.2d 115
- 151 W. Va. 194
- 1966 W. Va. LEXIS 213
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that malice is an essential element of both first- and second-degree murder
- analyzing traditional constructive possession and stating that this type of possession is sufficient to sustain conviction for possession of a firearm by a felon
- the duly cautioned provision of the recidivist statute has been fulfilled when the requirements of fundamental fairness, affording the defendant due process, have been satisfied
- the duly cautioned provision of the recidivist statute has been fulfilled when the requirements of fundamental fairness, affording the defendant due process, have been satisfied
- malice, either express or implied, is an essential element of murder in the second degree
- “In order to lawfully charge an accused with a particular crime it is imperative that the essential elements of that crime be alleged in the indictment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: CaPLAN
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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