W. Va. Code » §61-2-2. Penalty for murder of first degree.
West Virginia Code

W. Va. Code § 61-2-2 (2026)

Penalty for murder of first degree

✓ current as of May 2026
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ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-2. Penalty for murder of first degree.

Murder of the first degree shall be punished by confinement in the penitentiary for life.

Notes of Decisions
Cited in 38 cases (10 in the last 5 years), 1968–2026 · leading case: State v. Williams, 305 S.E.2d 251 (W. Va. 1983).
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State v. Williams, 305 S.E.2d 251 (W. Va. 1983). · cites it 4× “) specifies that a person convicted of first degree murder is not eligible for parole, but provides that “the jury may, in their discretion, recommend mercy, and if such recommendation is added to their verdict, such person shall be eligible for parole in accordance with the…”
Witherspoon v. Illinois, 391 U.S. 510 (1968). · cites it 2× “010 (1967); W. Va. Code Ann. § 61-2-2 (1966); Wis. Stat.”
State v. Whittaker, 650 S.E.2d 216 (W. Va. 2007). · cites it 4× “" W. Va.Code § 61-2-2 (1965) (Repl.Vol.2000).”
State v. McLaughlin, 700 S.E.2d 289 (W. Va. 2010). · cites it 4× “; see W. Va.Code § 61-2-2 (2005)("Murder of the first degree shall be punished by confinement in the penitentiary for life.”
State v. Higgins, 592 S.W.2d 151 (Mo. 1979). · cites it 2× “040; West Virginia, W.Va.Code § 61-2-2; Wisconsin, Wis.Stat.Ann.”
Commonwealth v. Sanchez, 36 A.3d 24 (Pa. 2011). “W. Va.Code §§ 61-2-2, 61-11-2 (1965). . No death penalty.”
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). “040; W. Va. Code § 61-2-2 ; Wyo. Stat. Ann. § 6-2-101 .”
State v. England, 376 S.E.2d 548 (W. Va. 1988). “Code, 61-2-14a, is: "[U]pon conviction, [the defendant] shall be punished by confinement in the penitentiary for life, and he, notwithstanding the provisions of article twelve [§ 62-12-1 et seq.”
State of West Virginia v. Marcus Stephen Sanders, 827 S.E.2d 214 (W. Va. 2019). · cites it 2× “" W.Va. Code § 61-2-2 (1965). Therefore, the penalty for attempted first degree murder, and attempted felony murder if recognized, is "not less than three nor more than fifteen years," as provided by W.”
Jasman Montgomery v. David Ballard, Warden, 827 S.E.2d 403 (W. Va. 2019). “, § 61-2-2. 3 In the appeal of Brandon Flack's habeas corpus petition, this Court stated: "robbery is not a lesser included offense of felony murder predicated on burglary.”
Dewey Hart v. Ira M. Coiner, Warden of the West Virginia State Penitentiary, 483 F.2d 136 (4th Cir. 1973). “14 Can it be rationally urged that Hart is as dangerous to society and as deserving of punishment as the murderer, rapist, and kidnapper ? Consideration of the penalties provided for grave crimes of violence in West Virginia reveals the irrationally disparate treatment visited…”
State of West Virginia v. Jason W. Holstein, 770 S.E.2d 556 (W. Va. 2015). “The *68 petitioner pled guilty to first degree felony murder, which carries a penalty of life imprisonment under West Virginia Code § 61-2-2 (2014). Therefore, the sentence imposed by the circuit court was unquestionably within statutory limits.”
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