Murder by poison, lying in wait, imprisonment, starving, or by any willful, deliberate and premeditated killing, or in the commission of, or attempt to commit, arson, kidnapping, sexual assault, robbery, burglary, breaking and entering, escape from lawful custody, or a felony offense of manufacturing or delivering a controlled substance as defined in article four, chapter sixty-a of this code, is murder of the first degree. All other murder is murder of the second degree.
In an indictment for murder and manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in every such indictment to charge that the defendant did feloniously, willfully, maliciously, deliberately and unlawfully slay, kill and murder the deceased.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 2. Crimes Against the Person
§61-2-1. First and Second Degree Murder Defined; Allegations in Indictment for Homicide
§61-2-2. Penalty for Murder of First Degree
§61-2-3. Penalty for Murder of Second Degree
§61-2-4. Voluntary Manslaughter; Penalty
§61-2-5. Involuntary Manslaughter; Penalty
§61-2-5a. Concealment of Deceased Human Body; Penalty
§61-2-6. Homicide Punishable Within State if Injury Occurs Within and Death Without, or Vice Versa
§61-2-7. Attempt to Kill or Injure by Poison; Penalty
§61-2-9. Malicious or Unlawful Assault; Assault; Battery; Penalties
§61-2-9a. Harassment; Penalties; Definitions
§61-2-9b. Penalties for Malicious or Unlawful Assault or Assault of a Child Near a School
§61-2-9c. Wanton Endangerment Involving the Use of Fire; Penalty
§61-2-9d. Strangulation; Suffocation and Asphyxiation; Definitions; Penalties
§61-2-10. Assault During Commission of or Attempt to Commit a Felony; Penalty
§61-2-10a. Violent Crimes Against the Elderly; Sentence Not Subject to Suspension or Probation
§61-2-11. Unlawful Shooting at Another in Street, Alley or Public Resort; Penalty
§61-2-12. Robbery or Attempted Robbery; Penalties
§61-2-13. Extortion or Attempted Extortion by Threats; Penalties
§61-2-14. Abduction of Person; Kidnapping or Concealing Child; Penalties
§61-2-14a. Kidnapping; Penalty
§61-2-14b. Venue of Offenses Under §§61-2-14 and 61-2-14a
§61-2-14c. Penalty for Threats to Kidnap or Demand Ransom
§61-2-14f. Penalties for Abduction of a Child Near a School
§61-2-14g. Unlawful Restraint; Penalties
§61-2-14h. Prohibition of Purchase or Sale of Child; Penalty; Definitions; Exceptions
§61-2-15. Assault, Battery on School Employees; Penalties
§61-2-15a. Assault, Battery on Athletic Officials; Penalties
§61-2-16. Injury to Passenger by Person in Charge of Public Conveyance or Boat; Penalty
§61-2-26. Doors to Be Removed From Abandoned Refrigerators, Freezers and Other Appliances; Penalties
§61-2-27. Required Reporting of Gunshot and Other Wounds
§61-2-27a. Required Reporting of Burns
§61-2-28. Domestic Violence — Criminal Acts
§61-2-29. Abuse or Neglect of Incapacitated Adult; Definitions; Penalties