Legal Opinion

State v. McCormick

West Virginia Supreme Court

Decided May 5, 1981No. 14270PublishedCited by 5 opinions

1Per curiam

In this appeal from the Circuit Court of Putnam County, the appellant, James LeRoy McCormick, seeks reversal of a final judgment of conviction entered on a jury verdict finding him guilty of breaking and entering.

The appellant contends that the trial court committed reversible error when it gave State’s Instruction No. 4 which told the jury that if they believed beyond a reasonable doubt that the defendant broke and entered the building in question and committed a larceny therein, then he is presumed to have entered with the intent to commit larceny, and unless the presumption is negatived to…

2Cases cited9 opinions

  1. State v. StarrWest Virginia Supreme Court · 1975
  2. State v. PendryWest Virginia Supreme Court · 1976
  3. State v. PrattWest Virginia Supreme Court · 1978
  4. State v. CasdorphWest Virginia Supreme Court · 1976
  5. State v. BollingWest Virginia Supreme Court · 1978

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. MillerWest Virginia Supreme Court · 1985
  2. State v. RectorWest Virginia Supreme Court · 1981
  3. State v. SimmonsWest Virginia Supreme Court · 1983
  4. State v. McCourtWest Virginia Supreme Court · 1981
  5. State v. MorganWest Virginia Supreme Court · 1981

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API