State v. Stalnaker
| Decision Date | 23 June 1981 |
| Docket Number | No. 14384,14384 |
| Citation | 279 S.E.2d 416,167 W.Va. 225 |
| Court | West Virginia Supreme Court |
| Parties | STATE of West Virginia v. Robert Lloyd STALNAKER |
Syllabus by the Court
1. Where there is evidence to support the defendant's theory of voluntary manslaughter, it is error for the trial court to refuse to give a proper instruction presenting such a theory when requested to do so.
2. "Once there is sufficient evidence to create reasonable doubt that the killing resulted from the defendant's acting in self-defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense." Syl. pt. 4, State v. Kirtley, W.Va., 252 S.E.2d 374 (1978).
Paul H. Woodford II, Glenville, for plaintiff.
Chauncey H. Browning, Atty. Gen., S. Clark Woodroe, Asst. Atty. Gen., Charleston, for defendant.
This is an appeal from a first-degree murder conviction in the Circuit Court of Gilmer County. The defendant and the victim had known each other for forty years before the fatal shooting, during which period they had done a lot of drinking and socializing together. At the time of the shooting, both the defendant and the victim lived at the Conrad Hotel, and on the day of the shooting both the defendant and the victim had been drinking heavily. At approximately 6:45 p. m. on 17 August 1977 the defendant, at the victim's request, went to the victim's room with a loaded weapon. According to the defendant's testimony the defendant and the victim were engaged in an ongoing quarrel about a business transaction and because of the victim's appearance and demeanor, which the defendant described as "perfectly wild," the defendant testified that he had apprehensions about the victim's intentions and for that reason armed himself.
The victim, Thurl Nicholas, had a reputation for being violent and dangerous, and ten years before the victim's own death the victim had actually shot at the defendant, putting a hole in the defendant's T-shirt. The defendant's theory of the case was that the victim made threatening gestures and put him in reasonable fear of his own safety, or alternatively that the victim was so provocative that the defendant was guilty at the most of voluntary manslaughter.
There are two primary errors which require reversal of this case. While other errors have been assigned, 1 since they are not dispositive we see no need to address them. The primary error is that the court failed to give an instruction permitting the jury to find the defendant guilty of voluntary manslaughter. This Court recently addressed this very issue in State v. Cobb, W.Va., 272 S.E.2d 467 (1980), when we ruled that a trial court must give an instruction for a lesser included offense when evidence has been produced to...
To continue reading
Request your trial
-
State v. Davis
...give an instruction for a lesser included offense when evidence has been produced to support such a verdict." State v. Stalnaker, 167 W.Va. 225, 227, 279 S.E.2d 416, 417 (1981), citing State v. Cobb, 166 W.Va. 65, 272 S.E.2d 467 (1980). Further, "it is reversible error for a trial court to ......
-
State v. Harper, 17152
...give an instruction for a lesser included offense when evidence has been produced to support such a verdict." State v. Stalnaker, 167 W.Va. 225, 227, 279 S.E.2d 416, 417 (1981). 4. Where, in the prosecution of first degree murder by lying in wait, there is sufficient evidence before the tri......
-
State v. Thomas
...'a trial court must give an instruction for a lesser included offense when evidence has been produced to support such a verdict.' Id. at 227, 279 S.E.2d at 417, citing State Cobb, 166 W.Va. 65, 272 S.E.2d 467 (1980). Further, 'it is reversible error for a trial court to refuse to instruct a......
-
State v. McGuire
...yet neither is it murder, for there is no previous malice: but it is manslaughter.Id. (footnotes omitted).24 Citing State v. Stalnaker, 167 W.Va. 225, 279 S.E.2d 416 (1981); State v. Duvall, 152 W.Va. 162, 160 S.E.2d 155 (1968); State v. Bowyer, 143 W.Va. 302, 101 S.E.2d 243 (1957); State v......