State v. Burton

Miller, Justice:

The defendant, Thomas R. Burton, appeals his rape conviction in the Circuit Court of Taylor County under our prior statute, W. Va. Code, 61-2-15. He urges five principal errors: (1) the State failed to prove he was the perpetrator of the crime; (2) the court permitted testimony from an attorney over the defendant’s claim of the attorney-client privilege; (3) the court erred in permitting a State’s witness to invoke the Fifth Amendment privilege as to a prior criminal conviction; (4) the court prejudiced the defendant’s case by making adverse comments before the jury; (5) the…