West Virginia § 61-2-1 - 61-2-1. First and second degree murder defined; allegations in indictment for homicide.
Full text of West Virginia West Virginia Code § 61-2-1 — 61-2-1. First and second degree murder defined; allegations in indictment for homicide., with citation guidance and answers to common questions.
§ 61-2-1. 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.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 61-2-1
What does West Virginia Code § 61-2-1 cover?
Section 61-2-1 ("61-2-1. First and second degree murder defined; allegations in indictment for homicide.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 61-2-1?
A common citation format is "West Virginia Code § 61-2-1" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 61-2-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.