Legal Opinion
State Ex Rel. Atkinson v. Wilson
West Virginia Supreme Court
Decided July 9, 1985No. 16319PublishedCited by 29 opinions
1Opinion of the Court
MILLER, Justice:
The relator, Jeff Atkinson, seeks to prohibit his murder trial in the Circuit Court of Hancock County on the ground that the court is without jurisdiction to try him. In support of his request for a writ of prohibition, he argues that neither our murder statute, W.Va.Code, 61-2-1, nor its attendant common law principles provide criminal *353sanctions for the murder of an unborn child.
On September 23,1981, Teri Lynn Gooch, who was approximately thirty-seven weeks pregnant, was robbed and killed in her home. According to the medical examiner, her unborn child, Mark Alan Gooch, died…
2Cases cited47 opinions
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- James v. United StatesSupreme Court of the United States · 1961
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- Keeler v. Superior CourtCalifornia Supreme Court · 1970
- People v. GreerIllinois Supreme Court · 1980
42 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Commonwealth v. BoothSupreme Court of Pennsylvania · 2001
- State v. CourchesneSupreme Court of Connecticut · 2010
- Mountain West Farm Bureau Mutual Insurance v. BrewerMontana Supreme Court · 2003
- Vo v. Superior CourtCourt of Appeals of Arizona · 1992
- Farley v. SartinWest Virginia Supreme Court · 1995
24 more not listed; retrieve them via the Exa API.