Legal Opinion

State v. McClure

West Virginia Supreme Court

Decided April 10, 1979No. 13953PublishedCited by 21 opinions

1Per curiam

On October 19, 1976, the Circuit Court of Lincoln County sentenced the appellant to from one to ten years in the State Penitentiary for breaking and entering.

In this appeal the appellant contends:

1. That the trial court erred in permitting the prosecuting attorney, during closing argument, to indicate that the appellant had introduced no evidence rebutting the State’s case, thereby insinuating that the appellant had some duty to take the stand and to testify in his own behalf; and

2. That the trial court erred in not reconvening and reinstructing the jury after the jury had asked the court if…

2Cases cited7 opinions

  1. Taylor v. KentuckySupreme Court of the United States · 1978
  2. State v. BraggWest Virginia Supreme Court · 1955
  3. State v. SimonWest Virginia Supreme Court · 1949
  4. State v. CostaWest Virginia Supreme Court · 1926
  5. State v. McClungWest Virginia Supreme Court · 1927

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. GreenWest Virginia Supreme Court · 1979
  2. State v. SlaterWest Virginia Supreme Court · 2008
  3. State v. DavisWest Virginia Supreme Court · 1986
  4. State v. CouchUtah Supreme Court · 1981
  5. State v. ClarkWest Virginia Supreme Court · 1982

16 more not listed; retrieve them via the Exa API.

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