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State of WV v. McGuire

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA

January 1997 Term
No. 23671
STATE OF WEST VIRGINIA, Plaintiff Below, Appellee
v.
LORIE ANN McGUIRE, Defendant Below, Appellant
Appeal from the Circuit Court of Marshall County Honorable Mark A. Karl, Judge Felony Case No. 95-F-2 AFFIRMED
Submitted: January 15, 1997 Filed: July 18, 1997
Scott F. Reynolds, Esq. Wray V. Voegelin, Esq. Prosecuting Attorney Donald J. Tennant, Jr., Esq. Diana L. Crutchfield, Esq. Cassidy, Myers, Cogan, Voegelin Assistant Prosecuting Attorney & Tennant Moundsville, West Virginia Wheeling, West Virginia Attorneys for the Appellee Attorneys for the Appellant
CHIEF JUSTICE WORKMAN delivered the Opinion of the Court.
SYLLABUS BY THE COURT
1.
"Jury instructions are reviewed by determining whether the charge, reviewed as a whole, sufficiently instructed the jury so they understood the issues involved and were not misled by the law. A jury instruction cannot be dissected on appeal; instead, the entire instruction is looked at when determining its accuracy. The trial court, therefore, has broad discretion in formulating its charge to the jury, so long as it accurately reflects the law. Deference is given to the circuit court's discretion concerning the specific wording of the instruction, and the precise extent and character of any specific instruction will be reviewed for an abuse of discretion." Syl. Pt. 15, State v. Bradshaw, 193 W. Va. 519, 457 S.E.2d 456 (1995).

2.
As a general proposition, a defendant is entitled to an instruction as to any recognized defense for which there exists evidence sufficient for a reasonable jury to find in his favor.

3.
Gross provocation and heat of passion are not essential elements of voluntary manslaughter, and, therefore, they need not be proven by evidence beyond a reasonable doubt. It is intent without malice, not heat of passion, which is the distinguishing feature of voluntary manslaughter.

4.
"When a person who has been arrested, but not yet convicted of a crime, is admitted to pre-trial bail with the condition that he be restricted to home confinement pursuant to West Virginia Code

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West Virginia Law