West Virginia Supreme Court

State v. WJB

March 31, 1981276 S.E.2d 550

Summary

The court vacated the juvenile delinquency adjudication because the State failed to prove beyond a reasonable doubt that the juvenile did not act in self-defense. The court held that the juvenile was entitled to use deadly force to repel the violent intrusion into his home, and that the evidentiary failure barred a retrial under double-jeopardy principles. The case was remanded for entry of a judgment of acquittal.