State v. Mollohan

Neely, Chief Justice:

Tomie Lee Mollohan appeals from his conviction and sentence to life imprisonment without mercy for the murder of Cebert Pauley, which he received 7 January 1974 in the Circuit Court of Kanawha County. Appellant makes one primary assignment of error; namely, that the trial court improperly admitted an out of court confession into evidence. We find that the confession was made in the absence of counsel after formal proceedings had been initiated and we therefore reverse and remand.

On 13 January 1973, Cebert Pauley’s body was found in his cabin above his home in Brounland,…