State v. Hutchinson

In State v. Hutchinson, 176 W. Va. 172, 342 S.E.2d 138 (1986), the defendant's counsel had not made an objection with regard to the failure to give a proper alibi instruction. On appeal, the Court considered whether the plain error doctrine would be triggered by the failure to give a proper alibi instruction. In syllabus point two of Hutchinson, this Court explained: "Although this Court may, under Rule 30 of the West Virginia Rules of Criminal Procedure, notice plain error in the giving of an erroneous instruction (in the absence of a proper and timely objection at trial), this Court will not ordinarily recognize plain error under such circumstances, even of constitutional magnitude, where the giving of the erroneous instruction did not substantially impair the truth-finding function of the trial."