Legal Opinion
State v. Kennedy
West Virginia Supreme Court
Decided November 21, 1978No. 13919PublishedCited by 58 opinions
1Opinion of the Court
Neely, Justice:
This is an appeal from a conviction of breaking and entering under W.Va. Code, 61-3-12 [1923]. The appellant, James A. Kennedy, contends that the circuit court erred by admitting into evidence an in-court identification of appellant based on an improper out-of-court identification. We agree and reverse.
Appellant Kennedy was convicted of breaking and entering Emig’s Store in Wellsburg, West Virginia. At approximately 6:30 a.m. on November 10, 1974, Thomas Zurbach, manager of Emig’s Store, went to his store to get a ladder. When he tried to open the back door, he found it was…
2Cases cited7 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Manson v. BrathwaiteSupreme Court of the United States · 1977
- State v. McAboyWest Virginia Supreme Court · 1977
- State v. CasdorphWest Virginia Supreme Court · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- State v. VanceWest Virginia Supreme Court · 1980
- State v. EnglandWest Virginia Supreme Court · 1988
- State v. DemastusWest Virginia Supreme Court · 1980
- Perrine v. E.I. Du Pont De Nemours & Co.West Virginia Supreme Court · 2010
- State v. GreenWest Virginia Supreme Court · 1979
53 more not listed; retrieve them via the Exa API.