State v. Shaffer

Given, Judge:

Lee Garel Shaffer was convicted of murder of the second degree, for the fatal shooting of Russell Harding, at the October, 1951 term of the Intermediate Court of Kanawha County, and sentenced to serve an indetermi nate term of 5 to 18 years in the West Virginia State Penitentiary. On February 23, 1952, the Circuit Court of Kanawha County entered an order refusing a writ of error to the judgment of the Intermediate Court, to which this Court granted a writ of error.

The facts in the case may be briefly stated. The deceased had been staying at the Shaffer home, with the defendant…