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Legal Opinion

State v. Pancake

West Virginia Supreme Court

Decided September 21, 1982No. 15417PublishedCited by 32 opinions

1Opinion of the Court

HARSHBARGER, Justice:

Charles “Bill” Pancake appealed his Barbour County convictions for first-degree sexual assault upon his wife’s sister, and burglary. The State charged Pancake with sexual intercourse by “forcible compulsion” as defined in Code, 61-8B-3, that is, by threat or intimidation causing his victim to be fearful of bodily injury.

On December 7,1980, at about 7:00 A.M., Pancake broke the door glass of Ms. M.’s mobile home, entered, and went to her bedroom. She saw him drunkenly approaching her room through a hallway and unsuccessfully tried to convince him to leave. Then, fearing…

2Cases cited76 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Albernaz v. United StatesSupreme Court of the United States · 1981

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

3Cited by32 opinions

  1. State v. McGinnisWest Virginia Supreme Court · 1994
  2. State v. DolinWest Virginia Supreme Court · 1986
  3. State v. JuliusWest Virginia Supreme Court · 1991
  4. State v. WilliamsWest Virginia Supreme Court · 1983
  5. State v. PeyattWest Virginia Supreme Court · 1983

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

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