State v. Weaver

MILLER, Justice:

The defendant, Michael Wayne Weaver, was convicted in Preston County Circuit Court 1 of first degree sexual assault, at tempt to kill or injure by poison or other destructive thing, and abduction of a minor child for immoral purposes. Three assignments of error are presented: (1) that an alcoholic beverage is not a “poison or other destructive thing” under W.Va.Code, 61-2-7; (2) that the abduction was merely incidental to the assault and was not, therefore, separately punishable; and (3) that the State failed to timely disclose the identity of certain witnesses in its…