West Virginia Supreme Court· 5/2/1978

State v. Starkey

Citations

244 S.E.2d 219
161 W. Va. 517
1978 W. Va. LEXIS 305

How courts have described this case

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

recognizing that “our murder statute is not designed to cover all the essential elements of murder”
stating that “[i]t is important to note that provocation is not a defense to the crime [of voluntary manslaughter], but merely reduces the degree of culpability[.]” (Citations omitted
defining provocation as acts which would cause a reasonable person to kill and would cause a reasonable person to lose control and act out of heat of passion “and that he. in fact did so”
court must be convinced that evidence was manifestly inadequate and that consequent injustice has been done
“‘The crime of attempt does not exist in the abstract but rather exists only in relation to other offenses.’” (quoting W. LaFave & A. Scott, Handbook on Criminal Law 49 (1972))
standard of review for sufficiency of evidence on appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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Cited by

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

Cites

20 cases in this archive are cited by this case.

Other cases named State v. Starkey

24 other CourtListener records share this case name.

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