# State v. McClure

> West Virginia Supreme Court · December 19, 1990 · 184 W. Va. 418

URL: https://www.frixlaw.com/law-library/cases/9560577

## Case

- **Full name:** STATE of West Virginia v. James McCLURE
- **Court:** West Virginia Supreme Court
- **Decided:** December 19, 1990
- **Citations:** 184 W. Va. 418; 400 S.E.2d 853; 1990 W. Va. LEXIS 262
- **Precedential status:** Published
- **Opinion:** Dissent by Miller
- **Judges:** Miller
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9560577

## Opinion text

*428 MILLER, Justice,
dissenting:
My dissent goes to the in-court testimony of the victim’s mother who recited what her daughter had told her about being sexually abused by the defendant. This conversation occurred some three weeks after the incident. The majority holds these statements to be admissible relying on State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). In Part V of my dissent to that case, I set out at length why I believe such statements are not admissible. Simply put, the statements are hearsay and cannot be placed under any exception to the hearsay rule.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9560577. Public record. Not legal advice.