State v. Sutphin

RECHT, Justice:

The defendant, Earnest Sutphin, appeals from a final order of the Circuit Court of Boone County, entered the 4th day of March, 1994, sentencing him upon his conviction of murder of the second degree to confinement in the West Virginia Penitentiary for a period of not less than five nor more than eighteen years. 1

' On appeal, the defendant asserts that the trial court erred by (1) denying his motion for a new trial and failing to set aside a verdict which was a product of a jury that was not fair and impartial; and (2) permitting the State to introduce evidence of a statement…