State v. Scott

This is an appeal from a June 8, 1998, final order of the Circuit Court of Monongalia County sentencing the appellant, Marc Scott (“Scott”), to a term of 25 years as a result of his jury conviction of second degree murder. Scott argues that the circuit court erred: (1) in allowing the medical examiner to state that the victim died by homicide; and (2) by admitting evidence in violation of West Virginia Rules of Evidence Rule 404(b). Scott also argues that the evidence presented below was insufficient to establish second degree murder.1 Based upon our review of the record, the parties’…