State v. Ashcraft
In State v. Ashcraft, 172 W.Va. 640, 646-47, 309 S.E.2d 600, 607 (1983), the defendant sought to require the State to specify whether they planned to prosecute the defendant as a principal in the first degree or in the second degree. 172 W.Va. at 646, 309 S.E.2d at 606.
In finding that the prosecution was not required to divulge the requested information, the Court also recognized that the appellant could not legitimately claim prejudicial surprise as a result of not knowing upon which theory the State planned to proceed. Id.