The West Virginia Supreme Court is hearing the case of an attempted burglary in Weirton that ended with one person being killed.

Police said in December, at least two people tried to break in to the A & M Quick Mart, and the store owner, who also lives in the building, shot and killed one of the alleged robbers.

The store owner did not face charges, but Hancock County Assistant Prosecutor David Cross wanted an alleged co-actor in the burglary -- James Sands Jr. -- to be charged with felony murder.

The murder charge against Sands was dropped and Cross is appealing that ruling by taking it to the higher court. The issue at hand -- felony murder -- could set a precedent in the state.

"The issue that's before the Supreme Court is one that's never been decided or addressed by the West Virginia Supreme Court, so whatever the court decides will be something that will be the law in all the counties in the state," Cross said.

Cross said in some states, if someone is involved in committing an inherently dangerous crime that results in the loss of life, that person may be charged with murder.

"It's something I think is important for them to decide, and you know, there are several states that say when the victim of the crime dies, a person can't be convicted of felony murder, and there are a number of states that say that you can. So, the court will have to make a decision as to where they fall in the two categories," Cross said.

Sands is currently charged with burglary and conspiracy. If convicted on those charges, he could face up to 20 years in jail. But if Sands is convicted of first-degree murder, he could face life behind bars.

Officials said it could take about two months for the state Supreme Court to reach a decision.

Stay with NEWS9, WTOV9.com and WTOV9.com Mobile for continuing coverage.