West Virginia Supreme Court December 10, 1986, No. 17116 (Morrison v. Holland)

MILLER, Chief Justice:

In this original proceeding in habeas corpus, the relator, Randy M. Morrison, asserts that his due process rights were violated when the trial court over his objection gave an alibi instruction that had been held constitutionally deficient in Adkins v. Bordenkircher, 674 F.2d 279 (4th Cir.), cert. denied, 459 U.S. 853, 103 S.Ct. 119, 74 L.Ed.2d 104 (1982), and State v.