State v. Lindsey

Caplan, Chief Justice:

This is an appeal from a final order of the Circuit Court of Cabell County wherein that court denied an appeal from a judgment of the then Common Pleas Court of said county. The defendant was indicted at the January Term, 1972, of the then Common Pleas Court, on a charge of murder. Upon his plea of not guilty, he was tried before a jury and a verdict of guilty of murder of the first degree was returned. This appeal resulted.

The defendant assigns as error the action of the trial court (1) in instructing the jury as to the defendant’s right to parole after conviction; (2)…