Sunday, November 17, 2013

State v. Mayle case brief

State v. Mayle case brief summary
357 S.E.2d 219 (1987)

Defendant appealed his conviction for felony murder in the Circuit Court of Cabell County (West Virginia).


  • Defendant raised numerous ground of error on appeal. 
  • The court held that a photograph showing the scene where a police officer was killed was properly admitted, that the trial court did not limit cross-examination of a witness and that defendant had shown no prejudice by the delay of two years before his trial transcript was supplied to him. 
  • The court further held that there was no abuse of the trial court's discretion in refusing individual voir dire, that the trial court properly refused defendant's request for a mistrial on the basis that the jury was threatened, and that a hearsay statement of a co-defendant was made in furtherance of the criminal conspiracy and, therefore, was properly admitted. 
  • The court finally held that the state proved felony murder because a felony was unquestionably committed in this case, defendant's participation in such commission or attempt was also satisfactorily proved, and there was sufficient evidence to support the jury's determination that the victim was killed during the commission of the felony.

The court affirmed defendant's felony murder conviction.

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