State v. Craig

With every deference to the majority, in my opinion the Court has utterly disregarded the primary rule controlling matters of fact considered by this Court on writ of error after conviction. That rule is where conflicts in the testimony occur, those conflicts and all deductible reasonable inferences are to be resolved in favor, not of the accused or plaintiff in error, but of the State of West Virginia. State v. Marinitsis, 130 W. Va. 613, 45 S. E. 2d 733. Furthermore, again in my opinion, the majority has unintentionally misread the printed transcript of the testimony adduced at the trial,…