State Ex Rel. Levitt v. Bordenkircher

McHUGH, Justice:

This action is before this Court upon the appeal of Lance Levitt from the final order of the Circuit Court of Marshall County, West Virginia. Pursuant to that order, entered in February, 1985, the circuit court denied the appellant relief in habeas corpus with regard to his conviction of murder of the first degree. W.Va.Code, 61-2-1 [1931]. This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel.

I

Facts

On the night of May 17, 1971, Pamela W., age twelve, and her older sister, Louise, were walking in the Elm Grove area of…