State v. Dozier

McGraw, Justice:

Approximately one year after this Court’s pronouncement in State v. Pendry, W. Va._, 227 S.E.2d 210 (1976), a case which generally condemns the use of presumptions in criminal cases, the defendant was tried and convicted of first degree murder with a recommendation of mercy in the Circuit Court of Jefferson County. The defendant was represented by a court-appointed attorney. We granted a writ of error to that conviction and now reverse.

The principal assignment of error is that defendant’s Instruction No. 6 unconstitutionally deprived the defendant of due process as guaranteed…