State v. Davis

Wade C. Davis appeals from an order of the Circuit Court of Kanawha County sentencing him to a term of ten years imprisonment after a jury convicted him of second degree murder. Here, Mr. Davis argues that the circuit court committed reversible error by failing to instruct the jury that “intent” is an element of second degree murder. After a careful review of the briefs and record, we reverse and remand this case for a new trial.

I

FACTUAL AND PROCEDURAL HISTORY

Around 11:45 pan. on March 17, 2003, Mr. Davis pulled into a Go-Mart parking lot in Sissonville, West Virginia, to purchase gas for his…