State v. Atkins

Miller, Justice:

In this appeal the defendant, Calvin 0. Atkins, challenges his second degree murder conviction on two principal grounds. First, he challenges the validity of the practice relating to the employment of a private prosecutor to assist the public prosecutor. Second, he alleges the trial court erred in permitting the State to impeach the defendant by questioning him on cross-examination as to his two prior criminal convictions, a practice condemned by this Court in State v. McAboy, _W. Va. _, 236 S.E.2d 431 (1977).

I

PRIVATE PROSECUTOR

Defendant urges us to declare that the practice…