State v. McWilliams

BROTHERTON, Justice:

The appellant, Timothy McWilliams, appeals a Monongalia County Circuit Court jury verdict finding him guilty of first degree murder with a recommendation of mercy, and guilty of two counts of malicious assault. The charges stemmed from an incident in which the appellant shot three young men, killing one and wounding the other two. The appellant’s sole defense was insanity.

The appellant assigns the following errors: first, that the trial court improperly refused to grant the State’s motion for an order of nolle prosequi; second, that the trial court improperly permitted the…