State v. Grimm

Caplan, Justice:

The appellant, David Lee Grimm, was indicted for the murder of Charles Hardman by the Grand Jury attending the October 1969 term of the Circuit Court of Wood County. He was first tried under the indictment in May, 1970, the trial resulting in a verdict of guilty of murder of the first degree, with a recommendation of mercy. The conviction was affirmed in State v. Grimm, 156 W.Va. 615, 195 S.E.2d 637 (1973). In February, 1978, the appellant filed a petition for a writ of habeas corpus in the Circuit Court of Wood County and was granted a new trial. The second trial also…