State v. Plumley

NEELY, Justice:

David Lee Plumley was convicted of grand larceny, burglary, felony-murder, aggravated robbery and first degree arson by the Circuit Court of Cabell County. Mr. Plumley now appeals his conviction alleging several assignments of error including allowing the jury to consider the burglary count as the underlying offense to the felony-murder when the victim voluntarily allowed Mr. Plumley into his home. We find no merit in his allegations and affirm his conviction.

About 7:30 p.m. on January 15, 1984, a fire was discovered at the home of Roy Ball, age 72. Mr. Ball’s badly charred…