State of West Virginia v. Lance E. Breckenridge

Breckenridge · Supreme Court of Appeals of West Virginia · August 31, 2015 · No. No. 14-1199

Summary

The Supreme Court of Appeals of West Virginia affirmed Lance E. Breckenridge’s convictions for conspiracy to commit a felony, breaking and entering, and grand larceny. The court held that the circumstantial evidence, viewed in the light most favorable to the State, was sufficient to support the convictions and that the circuit court properly denied the motions for judgment of acquittal. The court also declined to disturb the jury’s credibility determinations.

Holdings

  1. The evidence, viewed in the light most favorable to the State, was sufficient for the jury to find Breckenridge guilty beyond a reasonable doubt of conspiracy to commit a felony, breaking and entering, and grand larceny.
  2. A conviction may be supported entirely by circumstantial evidence; the absence of direct evidence establishing particular facts does not render the evidence insufficient when the jury is properly instructed on proof beyond a reasonable doubt.

Questions Presented

  1. Whether the evidence was sufficient to support Breckenridge's convictions for conspiracy to commit a felony, breaking and entering, and grand larceny.
  2. Whether the State's reliance on circumstantial evidence, without direct evidence that Breckenridge opened the door or committed the crimes, required judgment of acquittal.

Disposition

affirmed

Cases Cited (3)

  • State v. Guthrie, 194 W. Va. 657, 461 S.E.2d 163 (1995)(followed)
  • State v. Chic-Colbert, 231 W. Va. 749, 749 S.E.2d 642 (2013)(followed)
  • Michael D.C. v. Wanda L.C., 201 W. Va. 381, 388, 497 S.E.2d 531, 538 (1997)(followed)

Cited In (0)

No citing cases on record yet.

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