State v. Vance

Miller, Justice:

Roland Vance appeals his conviction for breaking and entering and the subsequent life sentence imposed under the Habitual Criminal Act, W. Va. Code, 61-11-18. His three primary grounds of error are that: (1) the conviction was based on the testimony of accomplices and he was denied the conventional cautionary instruction as to their testimony; (2) his identity was improperly proved at the recidivist trial; and (3) under the circumstances of this case, the life sentence constitutes cruel and unusual punishment.

Defendant’s conviction of breaking and entering rested primarily on…