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State v. Cook

Citations

  • 515 S.E.2d 127
  • 204 W. Va. 591
  • 1999 W. Va. LEXIS 33

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • listing state statutes with “defense of another doctrine [that have] been codified consistent with the Model Penal Code”
  • reversing conviction based on insufficiency of the evidence since the State did not carry its burden of showing beyond a reasonable doubt that the defendant did not act in defense of her husband when she shot the husband’s attacker
  • “Our cases have succinctly articulated the development and scope of the doctrine of self-defense and the use of deadly force under it.”
  • \Our cases have succinctly articulated the development and scope of the doctrine of self-defense and the use of deadly force under it.\
  • “[T]he test of justification is both subjective and objective. The actor must actually believe that he is in danger and that belief must be a reasonable one.”
  • \[T]he test of justification is both subjective and objective. The actor must actually believe that he is in danger and that belief must be a reasonable one.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Workman

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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.