State v. Milam

Berry, Chief Justice:

On June 28, 1974, Luther A. Milam shot and killed one Seaboy Gillespie in Mullens, Wyoming County, West Virginia. As a result of his actions, Milam was indicted, tried before a jury, and found guilty of first degree murder with a recommendation of mercy. The Circuit Court of Wyoming County entered a judgment on the jury verdict and Milam now appeals.

There is no material conflict in the facts surrounding the killing of Seaboy Gillespie as those facts were developed during the trial below. The defendant, the decedent and two other elderly men lived in quarters behind the…