[DOWNLOAD] "State West Virginia v. Verlon G. Jones" by Supreme Court of Appeals of West Virginia * eBook PDF Kindle ePub Free

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eBook details

• Title: State West Virginia v. Verlon G. Jones
• Author : Supreme Court of Appeals of West Virginia
• Release Date : January 11, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

1. The question of whether a defendant is entitled to an instruction on a lesser included offense involves a two-part inquiry. The first inquiry is a legal one having to do with whether the lesser offense is by virtue of its legal elements or definition included in the greater offense. The second inquiry is a factual one which involves a determination by the trial court of whether there is evidence which would tend to prove such lesser included offense. State v. Neider, 170 W.Va. 662, 295 S.E.2d 902 (1982). 2. Arson in the third degree, W.Va. Code, 61-3-3 [1957], is a lesser included offense of arson in the first degree, W.Va. Code, 61-3-1 [1935]; thus, where a criminal defendant, an inmate of a county jail, admitted at trial that he started a fire in his cell block, and the evidence at trial was in conflict as to whether he intended to burn the jail within the meaning of this State's arson in the first degree statute, W.Va. Code, 61-3-1 [1935], or intended to burn the personal property of a fellow-inmate within the meaning of this State's arson in the third degree statute, W.Va. Code, 61-3-3 [1957], the defendant, indicted for arson in the first degree, was entitled to an instruction upon arson in the third degree, as a lesser included offense under the indictment.

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