West Virginia Supreme Court· 3/25/1994

State v. Jenkins

Citations

443 S.E.2d 244
191 W. Va. 87
1994 W. Va. LEXIS 40

How courts have described this case

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

“An instruction in a first degree murder case that , informs the jury that malice need not be shown on the part of the defendant against the deceased is erroneous.”
“It cannot be said beyond a reasonable doubt that the unconstitutional instruction could not have contributed to the verdict of first degree murder without a recommendation of mercy.”
“It cannot be said beyond a reasonable doubt that the unconstitutional instruction could not have contributed to the verdict of first degree murder without a recommendation of mercy.”
“In a criminal prosecution, the State is required to prove beyond a reasonable doubt every material element of the crime with which the defendant is charged . . . .”
“To support a conviction for larceny . . . it must be shown that the defendant took and carried away the personal property of another against his will and with the intent to permanently deprive him of the ownership thereof.”
whether larceny is a lesser included offense of burglary

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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Cited by

56 cases in this archive cite this case; the 20 most cited are listed.

Cites

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

Other cases with this name

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