State v. Smith

HARSHBARGER, Justice:

Upon an indictment for malicious wounding, Barry Smith was convicted of battery in the Circuit Court of Wetzel County. Smith’s primary contention on appeal is that the State’s instructions incorrectly stated the applicable law of self-defense and prejudiced his defense.

The incident leading to this indictment arose during a labor dispute involving the Wetzel County Hospital in New Martins-ville, West Virginia. Smith was a labor organizer for a hospital worker’s union. He struck Wetzel County prosecuting attorney William D. Lemon.

The Wetzel County Hospital is a public…