Jones v. Warden

Harshbarger, Justice:

Relator, Roger Jones, seeks a writ of habeas corpus ad subjiciendum saying his conviction on November 29, 1972 for first degree murder, in the Circuit Court of McDowell County, is void as a result of this Court’s ruling in State v. Pendry,_W. Va._, 227 S.E.2d 210 (1976), and the United States Supreme Court’s ruling in Mullaney v. Wilbur, 421 U.S. 684, 44 L.Ed. 2d 508, 95 S. Ct. 1881 (1975), and Hankerson v. North Carolina, _ U.S_, 53 L.Ed. 2d 306, 97 S.Ct. _ (1977).

The circuit court gave the following instruction, inter alia:

“The court instructs the jury that the law is…