State v. Brant

Neely, Justice:

The appellant, William Howard Brant, was convicted of second degree murder in the Circuit Court of McDowell County. The case before us presents a troublesome and extremely rare occurrence because the State, after proving that the accused killed another with a deadly weapon, was not entitled to have the jury instructed that they could return either a first or second degree murder conviction even though the defense offered no evidence of excuse or mitigation. We reverse and award a new trial.

This case is unique and, consequently, our holding is strictly limited to the facts which…