State v. Kirtley

Miller, Justice:

Darrell Lee Kirtley appeals his conviction of involuntary manslaughter upon an indictment for murder from the Circuit Court of Cabell County. He contends an improper instruction under State v. Pendry, _ W.Va. _, 227 S.E.2d 210 (1976), was given which presumed malice from the use of a deadly weapon. Further, he asserts that the court should not have permitted the jury to consider a second degree murder verdict and that the State’s self-defense instruction was erroneous. We reverse the conviction on the latter point, holding that where there is sufficient evidence to create a…