State v. Evans

McHUGH, Justice.

Jeffrey Eugene Evans appeals from his conviction, by a jury in the Circuit Court of Wyoming County, of second degree murder. The appellant makes five assignments of error: (1) the essential element of malice was not proven beyond a reasonable doubt; (2) a State’s instruction, permitting the inference of intent, should not have been given; (3) it was error to refuse a defense instruction on reasonable doubt; (4) it was error to refuse a defense instruction on accident; and (5) the appellant’s former wife should not have been permitted to testify. We find that the trial court…