W.Va. R. Evid. 704
Testimony in the form of an opinion or inference otherwise admissible is not objectionable solely because it embraces an ultimate issue to be decided by the trier of fact.
W.va. R. Evid. 704
COMMENT ON RULE 704
Rule 704 of the state rule has not been changed. Federal Rule 704(b) is not adopted in accordance with case law. See State v. Dietz, 182 W.Va. 544, 550 n.3, 390 S.E.2d 15, 21 n.3 (1990) ("W.Va.R.Evid. 704 initially provided for a subdivision (b) like its federal counterpart when the state rules became effective on February 1, 1985. However, subdivision (b) of the state rule was repealed by an amendment effective on October 16, 1985. See State v. Swiger, 175 W.Va. 578, 588 n. 10, 336 S.E.2d 541, 551 n. 10 (1985). See also State v. Smith, 178 W.Va. 104, 107-108 n. 1, 358 S.E.2d 188, 191 n. 1 (1987).")