State v. McCoy

BROTHERTON, Justice:

Virgil McCoy appeals his May 2, 1985, conviction of second degree sexual assault, W.Va.Code § 61-8B-4 (1984), following a jury trial in Cabell County. Because we find that the lower court erred in admitting certain expert testimony, we reverse and remand for a new trial. 1

On September 10, 1984, Virgil McCoy was drinking beer with his brother and cousin at a tavern on the west side of Huntington. While he was there, Anneta Dawn Booth, the alleged victim in this case, entered with a friend, Patsy Jean Roy. McCoy and Booth knew one another through Booth’s friendship with…