Gaines v. Leverette

Harshbarger, Justice:

On May 5, 1967, C. J. Gaines was found guilty of murder without recommendation of mercy by a Randolph County jury, and the verdict did not specify the degree of murder as required by W. Va. Code, 62-3-15.

The indictment was in the form prescribed in Code, 62-9-3:

[Gaines and co-defendant] ... feloniously, wilfully, maliciously, deliberately and unlawfully did slay, kill and murder one Kenzie Taylor, against the peace and dignity of the State.

“Upon the trial of such indictment the accused may be convicted of either murder of the first degree, murder of the second degree,…