State v. Boggess

This case is before the Court upon the appeal of the Appellant, Gregory Dale Bog-gess, arising out of the January 14, 1997, final order of the Circuit Court of Kanawha County sentencing the Appellant to life imprisonment with a recommendation of mercy for first degree murder following a jury trial. The Appellant argues that the trial court: 1) abused its discretion by refusing to give the Appellant’s proposed instructions numbered 1, 2 and 3, which were legally correct instructions on the Appellant’s theory of provocation and self-defense; 2) abused its discretion by prohibiting the Appellant…