STATE V. MAYLE
357 S.E.2d 219 (W.Va. 1987)
NATURE OF THE CASE: This was an appeal of a first degree murder conviction.
FACTS: Mayle (D) and Stacey (D1) attempted to rob a McDonald's restaurant at gunpoint. There was no available cash to be taken so D stole a vehicle. A few miles from that robbery, they attempted to break into a gas station. Officer Harman interfered with their burglary. D1 fatally shot the officer. Both were convicted of first degree murder. D appealed; the killing did not take place during the commission of a felony.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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