State v. Miller

McHUGH, Justice:

This is an appeal by the appellant, Gary Wayne Miller, from his conviction by a jury in the Circuit Court of Wyoming County of one count each of grand larceny, forgery, and uttering. The appellant assigns as error, among other things, the trial court’s failure to instruct the jury on the material elements of the offenses with which he was charged. We find that the failure of the trial court to instruct the jury on all elements of the offenses charged was reversible error, and accordingly, we remand this case for a new trial.

On the morning of February 13, 1987, Herbert Linkous,…