West Virginia Supreme Court· 11/14/1978

State v. Sims

Citations

248 S.E.2d 834
162 W. Va. 212
1978 W. Va. LEXIS 340

How courts have described this case

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

describing the factors a lower court should consider in the context of a motion to withdraw a guilty plea based upon bad legal advice
discussing accidental killing in the context of the felony murder rule
“W. Va.Code, 61-2-1, enumerates three broad categories of homicide constituting first degree murder: (1) murder by poison, lying in wait, imprisonment, starving; (2) by any willful, deliberate and premeditated killing; (3
“A direct appeal from a criminal conviction based on a guilty plea will lie where an issue is raised as to the voluntariness of the guilty plea or the legality of the sentence.”
“No case, either from this Court or from the Virginia court, has ever broken from the historical common law precedent to suggest that proof of an intentional killing is an element of the felony-murder crime.”
“No case, either from this Court or from the Virginia court, has ever broken from the historical common law precedent to suggest that proof of an intentional killing is an element of the felony- murder crime.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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Cited by

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

Cites

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

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