W. Va. Code » §61-2-4. Voluntary manslaughter; penalty.
West Virginia Code

W. Va. Code § 61-2-4 (2026)

Voluntary manslaughter; penalty

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

§61-2-4. Voluntary manslaughter; penalty.

Voluntary manslaughter shall be punished by a definite term of imprisonment in the penitentiary which is not less than five nor more than 25 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of five years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1973–2022 · leading case: State v. Whittaker, 650 S.E.2d 216 (W. Va. 2007).
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State v. Whittaker, 650 S.E.2d 216 (W. Va. 2007). · cites it 4× “[10] "Voluntary manslaughter" is discussed in W. Va.Code § 61-2-4 (1994) (Repl.Vol.2000) as follows: Voluntary manslaughter shall be punished by a definite term of imprisonment in the penitentiary which is not less than three nor more than fifteen years.”
State v. Buck, 314 S.E.2d 406 (W. Va. 1984). “2 Moreover, the maximum sentences for second degree murder and voluntary manslaughter are less than one-third as long as the sentence he received.”
State of West Virginia v. Jeremy Lambert, 777 S.E.2d 649 (W. Va. 2015). “Va,Code § 61-2-4 (1994) (Repl. Vol. 2014), is a lesser included offense of murder, See State v.”
Dewey Hart v. Ira M. Coiner, Warden of the West Virginia State Penitentiary, 483 F.2d 136 (4th Cir. 1973). “Code § 61-3-1 (1966); and extortion by threats of violence, and manslaughter, 1-5 years, W.Va.Code §§ 61-2-4, 61-2-13 (1966). The repetitive commission of all of these offenses, of course, could result in punishment under the recidivist, scheme.”
State v. McGuire, 490 S.E.2d 912 (W. Va. 1997). “The penalty for voluntary manslaughter is set forth in West Virginia Code § 61-2-4 (1996 Supp.). 23 . To illustrate voluntary manslaughter, Blackstone further commented: [I]f upon a sudden quarrel two persons fight, and one of them kills the other, this is manslaughter: and so…”
State v. Garner, 750 S.E.2d 123 (W. Va. 2013). · cites it 4× “Garner was convicted of Voluntary Manslaughter in violation of W. Va.Code § 61-2-4 (1994) (Repl.Vol.2010), Wanton Endangerment in violation of W.”
State of West Virginia v. Jerel Addison Garner (W. Va. 2013). · cites it 4× “5 1 See W. Va. Code § 61-2-4 (1994) (Repl. Vol. 2010).”
State of West Virginia v. Jerel Addison Garner (W. Va. 2013). · cites it 4× “5 1 See W. Va. Code § 61-2-4 (1994) (Repl. Vol. 2010).”
Marwan F. Saleh, M.D. v. Angie Damron (W. Va. 2019). “Likewise, in the Unborn Victims of Violence Act, the Legislature has provided 19 definitions of “embryo”27 and “fetus”28 that do not expressly reference the womb, but then included that requirement in giving effect to those definitions as follows: For purposes of enforcing the…”
State of West Virginia v. Joshua McWhorter (W. Va. 2020). “6 West Virginia Code § 61-2-1 addresses first- and second-degree murder, West Virginia Code § 61-2-4 addresses voluntary manslaughter, and West Virginia Code § 61-2-7 addresses attempts to kill or injure by poison.”
State of West Virginia v. Kelly Marie Tusing (W. Va. 2022). “”); West Virginia Code § 61-2-4 (2020) (one convicted of voluntary manslaughter “shall be punished by a definite term of imprisonment in the penitentiary which is not less than three nor more than fifteen years.”
State of West Virginia v. Nathan Todd Barnett (W. Va. 2013). “Petitioner entered a Kennedy plea to one count of voluntary manslaughter in violation of West Virginia Code § 61-2-4 and given credit for all time actually served while incarcerated in any Regional Jail or Division of Corrections Facility.”
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