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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.