§61-2-1. First and second degree murder defined; allegations in
indictment for 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 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.
Note: WV Code updated with legislation passed through the 2012 1st Special Session