State v. Phalen

I concur only to point out my objection to the use of State v. Starkey, 161 W.Va. 617, 244 S.E.2d 219 (1978), as the appellate standard for reviewing an insufficiency of the evidence assignment of error. In my judgment, Starkey is incorrect when it states that “[t]o warrant interference with a verdict of guilt on the ground of insufficiency of evidence, the court must be convinced that the evidence was manifestly inadequate and that consequent injustice has been done.” Syllabus Point 1, in part, State v. Starkey, supra. This standard, “manifestly inadequate and that consequent injustice has…