State v. Milam

Miller, Justice:

The defendant, Luther A. Milam, was convicted of second degree murder in the Circuit Court of Wyoming County. The conviction was obtained upon a retrial following this Court’s reversal of his previous conviction on the same charge, State v. Milam,_W. Va.-, 226 S.E.2d 433 (1976).

This appeal rests principally on three grounds. The first raises a claim of surprise resulting from the introduction of a written confession and the further assertion that it was involuntary. The confession was not introduced in the first trial and was not disclosed to the defense attorney until after…