West Virginia Homicide Jury Instructions Project Professor James R. Elkins & Students at the West Virginia University College of Law [Spring][2006]

Unlawfully Kill

Standard Jury Instruction: [none]

Proposed Jury Instruction: The defendant unlawfully killed the deceased if the defendant killed the deceased without a legally valid justification or excuse.

Relevant Cases:

1. If not unlawful, an act does not amount to a crime. State v. Lawson, 128 W. Va. 136, 36 S.E. 2d 26 (1945).

2. Self-defense is a legally valid justification for homicide. State v. Miller, 85 W. Va. 326, 102 S.E. 303 (1919).

3. Defense of another is a legally valid justification for homicide. State v. Cook, 204 W. Va. 591, 515 S.E. 2d 127 (1999).

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