West Virginia Code § 61-2-1

First and second degree murder defined; allegations in indictment for
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homicide.
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 defiened in article
four, chapter sixty-a of this code, is murder of the first degree. All other murder is murder of
the second degree. r
In an indictment for murder and manslaughter, it shall not be neucessary 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 defetndant did feloniously, willfully,
maliciously, deliberately and unlawfully slay, kill and murder the deceased.

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