State v. Moyer

Unless prejudicial to the prisoner, error in rulings on evidence and instructions is not ground for a new trial. In the absence of something in the record by which the court can clearly see that no injury or prejudice to the prisoner could have resulted from such an erroneous ruling, it is cause for a new trial, for error is presumed to haveb.een prejudicial unless the court can see that it was not. State v. Musgrave, 43 W. Va. 672; Robinson v. Lowe, 56 W. Va. 308; Ward v. Ward, 47 W. Va. 766; Osborne v. Francis, 38 W. Va. 312; Ward v. Brown, 53 W. Va. 228; State v. Douglass, 28 W. Va. 298.…