(Download) "State West Virginia v. Nora K. Harper" by Supreme Court of Appeals of West Virginia " Book PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Nora K. Harper
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 18, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1. "W.Va. Code, 61-2-1, enumerates three broad categories of homicide constituting first degree murder: (1) murder by poison,
lying in wait, imprisonment, starving; (2) by any wilful, deliberate and premeditated killing; (3) in the commission of, or
attempt to commit, arson, rape, robbery or burglary." Syl. pt. 6, State v. Sims, 162 W.Va. 212, 248 S.E.2d 834 (1978). 2. "Lying in wait" as a legal concept has both mental and physical elements. The mental element is the purpose or intent
to kill or inflict bodily harm upon someone; the physical elements consist of waiting, watching and secrecy or concealment.
In order to sustain a conviction for first degree murder by lying in wait pursuant to W.Va. Code, 61-2-1 [1987], the prosecution
must prove that the accused was waiting and watching with concealment or secrecy for the purpose of or with the intent to
kill or inflict bodily harm upon a person.
 "State West Virginia v. Nora K. Harper" by Supreme Court of Appeals of West Virginia " Book PDF Kindle ePub Free){kind=link}