State v. Ellsworth Wayne

Neely, Justice:

Appellant, William Ellsworth Wayne, was convicted of first degree murder by a jury in the Circuit Court of Wood County. The conviction was based on the felony murder statute, W.Va. Code, 61-2-1 [1923] and the jury found that Wayne, while attempting to rob Felder’s grocery store, shot and killed Herman Felder, the proprietor. We affirm.

I

Appellant contends that the trial court should have accepted his proffered guilty plea to second degree murder pursuant to a plea bargaining agreement with the prosecuting attorney. Although the facts are not fully developed on the record, it…