State v. Lutz

Lynch, Judge:

The facts and circumstances' of the murder for which defendant has twice been convicted and sentence of death pronounced against him appear in the opinion reported in 85 W. Va. 330. Whether the evidence adduced upon the two trials is the same or different there is nothing to enable us to say, as the present record does not contain the testimony on which the second conviction was based, and the only errors assigned *504question the propriety of the rulings of the trial court upon motions to change the venue, to continue the case until the next succeeding term, (1) because the mandate…