(DOWNLOAD) "State West Virginia v. Steven A. Martin" by Supreme Court of Appeals of West Virginia ~ Book PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Steven A. Martin
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 28, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
1. When instructions are read as a whole and adequately advise the jury of all necessary elements for their consideration, the fact that a single instruction is incomplete or lacks a particular element will not constitute grounds for disturbing a jury verdict. Syllabus Point 6, State v. Milam, 159 W.Va. 691, 226 S.E.2d 433 (1976). 2. Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: 'Penalties shall be proportioned to the character and degree of the offence.' Syllabus Point 8, State v. Vance, W.Va., 164 W.Va. 216, 262 S.E.2d 423 (1980). Syllabus Point 1, State v. Houston, 166 W.Va. 202, 273 S.E.2d 375 (1980).
 "State West Virginia v. Steven A. Martin" by Supreme Court of Appeals of West Virginia ~ Book PDF Kindle ePub Free){kind=link}