State v. Walls

445 S.E.2d 515, 191 W. Va. 332, 1994 W. Va. LEXIS 80
CourtWest Virginia Supreme Court
DecidedMay 27, 1994
Docket21691
StatusPublished
Cited by3 cases

This text of 445 S.E.2d 515 (State v. Walls) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Walls, 445 S.E.2d 515, 191 W. Va. 332, 1994 W. Va. LEXIS 80 (W. Va. 1994).

Opinions

PER CURIAM:

Charles Walls appeals his June 19, 1992, jury conviction in the Circuit Court of Logan County of first degree murder without a recommendation of mercy and malicious assault. The circuit court sentenced the defendant to life imprisonment for the murder conviction and to a concurrent term of two-to-ten years for the malicious assault conviction. The defendant’s sole error is that the State failed to prove his sanity beyond a reasonable doubt.

The evidence shows that on the day of the murder, December 19, 1990, the defendant, age 36, was visiting the home of his mother and stepfather, Charlotte and Ernest Adkins. The defendant’s sister, Diana Vance, who earlier had borrowed his car, returned it to the AdMns’ house. The defendant then offered to take her to her house, and she agreed. They left about 6:00 p.m.

Later, the defendant returned to his mother’s house where he ate dinner, along with his brother and stepfather. They then proceeded to the living room to watch television. The defendant left the room and returned with a hammer, which he placed next to the chair where he was seated. When his brother left the house, the defendant followed him into the kitchen to say goodbye. The defendant’s mother, who had noticed him staring at his stepfather during dinner, took the hammer out of the room. She then came back into the living room.

The defendant returned to the living room and continued to watch television. Shortly thereafter, according to Mrs. Adkins, the defendant went “out of his mind.” He tore the phone off the wall and hit Mr. Adkins with it. Mrs. Adkins jumped between the defendant and Mr. Adkins. The defendant hit her and knocked her into a door. She was momentarily dazed. Upon regaining her senses, she discovered that the defendant had her husband down on the floor. She jumped between them and recalled the defendant looking at her wildly and saying “this is the son of a bitch that killed my son.”

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Related

State v. Smith
482 S.E.2d 687 (West Virginia Supreme Court, 1996)
State v. DeGraw
470 S.E.2d 215 (West Virginia Supreme Court, 1996)
State v. Walls
445 S.E.2d 515 (West Virginia Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
445 S.E.2d 515, 191 W. Va. 332, 1994 W. Va. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walls-wva-1994.