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Legal Opinion

State v. Rowe

West Virginia Supreme Court

Decided October 23, 1979No. 14135PublishedCited by 47 opinions

1Opinion of the Court

Harshbarger, Justice:

On January 13, 1976, Frank Lewis Rowe was arrested for public drunkenness and placed in the Wood County jail “drunk tank” with three other men — Ardell Braden, Richard Duffy and Floyd Malone. Between 5:30 and 6:00 p.m. the same day deputies discovered that Malone had been beaten to death. Rowe was convicted of second degree murder.

I

Fourteen photographs of Malone's body and the cell, taken when the body was found, were admitted over objection after an in camera hearing. Defendant contends they were calculated to arouse the jury’s passions and prejudices against him.

We have…

2Cases cited25 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Commonwealth v. HubbardSupreme Court of Pennsylvania · 1977
  3. Mathis v. United StatesSupreme Court of the United States · 1968
  4. State v. BoydWest Virginia Supreme Court · 1977
  5. Commonwealth v. PetrakovichSupreme Court of Pennsylvania · 1974

20 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. State v. DerrWest Virginia Supreme Court · 1994
  2. Commonwealth v. ChackoSupreme Court of Pennsylvania · 1983
  3. State v. ClawsonWest Virginia Supreme Court · 1980
  4. State v. BuckWest Virginia Supreme Court · 1982
  5. State v. YoungWest Virginia Supreme Court · 1983

42 more not listed; retrieve them via the Exa API.

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