State v. Pennington

McHUGH, Justice:

This case is before this Court upon the appeal of Bodney Pennington from his conviction by a jury of first degree murder pursuant to W.Va.Code, 61-2-1 [1987]. It arises from an order of the Circuit Court of Mercer County which denied the appellant’s motion for a new trial and sentenced him to life imprisonment with mercy. 1 This Court has before it the petition for appeal, all matters of record and the briefs and argument of counsel.

The principal assignments of error are as follows: (1) that the appellant is entitled to a new trial or acquittal due to the State’s extraordinary…