State v. Porter

McHUGH, Justice:

This case is before the Court upon the appeal of Phillip Porter. The appellant was convicted of first degree murder in the Circuit Court of Cabell County. We have reviewed the petition for appeal, all matters of record, and briefs of the parties. For reasons set forth in this opinion, this case is remanded to the circuit court for further determination consistent with this opinion.

I

During the early morning hours of August 28, 1980, Mark Pelfry and his half-brother, Ralph Leo Ball, Jr. (also known as and hereinafter “Roger Pelfry”), were shot to death. The victims were asleep…