Legal Opinion

State v. Baker

West Virginia Supreme Court

Decided May 5, 1987No. 17188PublishedCited by 18 opinions

1Opinion of the Court

MILLER, Justice:

The defendant, Margaret Baker, appeals her conviction for voluntary manslaughter and assigns as primary error that she was entitled to a judgment of acquittal as self-defense was shown as a matter of law. We agree.

The deceased, George Swims, was killed at a bar operated by the defendant and her friend, a Selva Rich. The autopsy revealed that the deceased had five gunshot wounds in various parts of his body. He had been drinking and, at the autopsy, he was found to have 0.18 percent alcohol in his blood.

The argument that led to the fatal shooting occurred after the deceased had…

2Cases cited12 opinions

  1. Commonwealth v. JohnstonSupreme Court of Pennsylvania · 1970
  2. State v. KirtleyWest Virginia Supreme Court · 1978
  3. State v. McMillionWest Virginia Supreme Court · 1927
  4. State v. W.J.B.West Virginia Supreme Court · 1981
  5. State v. HendrixSupreme Court of South Carolina · 1978

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

3Cited by18 opinions

  1. Feliciano v. 7-Eleven, Inc.West Virginia Supreme Court · 2001
  2. State v. MillerWest Virginia Supreme Court · 1987
  3. State v. AsburyWest Virginia Supreme Court · 1992
  4. State v. BongalisWest Virginia Supreme Court · 1989
  5. State v. CookWest Virginia Supreme Court · 1999

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

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