[Download] "State Ex Rel. Richard R. Mcmannis V." by United States Court of Appeals for the Fourth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Richard R. Mcmannis V.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 01, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
"Where a prisoner being proceeded against under the habitual criminal statute remains silent or says he is not the same person who was previously convicted and sentenced to the penitentiary offense or offenses alleged in the information, a circuit court has no jurisdiction to impose an enhanced sentence under the statute where the State fails to prove beyond a reasonable doubt that each penitentiary offense, including the principal penitentiary offense, was committed subsequent to each preceding conviction and sentence. W.Va. Code §§ 61-11-18, 19." Syllabus, State v. McMannis, W.Va. , 242 S.E.2d 571 (1978).