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STATE EX REL. DIV. OF NAT. RES. v. CLINE

No. 23840.

488 S.E.2d 376 (1997)

200 W.Va. 101

STATE of West Virginia ex rel. the WEST VIRGINIA DIVISION OF NATURAL RESOURCES; Charles B. Felton, Jr., Director, West Virginia Division of Natural Resources; and James D. Fields, Chief, Law Enforcement Division, West Virginia Division of Natural Resources, Relators, v. Honorable Danny O. CLINE, Judge of the Circuit Court of Braxton County; Shelly L. DeMarino, Prosecuting Attorney for Gilmer County; and Ernest V. Morton, Jr., Prosecuting Attorney for Webster County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 20, 1997.

Dissenting Opinion of Justice Maynard July 17, 1997.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Daynus Jividen, Senior Assistant Attorney General, Charleston, for Relators.

Shelly L. DeMarino, Prosecuting Attorney for Gilmer County, Glenville, Daniel B. Dotson, III, Assistant Prosecuting Attorney for Webster County, Webster Springs, for Respondents.

DAVIS, Justice:

In this original proceeding for a writ of prohibition, the relator, the West Virginia Division of Natural Resources [hereinafter W. Va. DNR or DNR],1 requests that we vacate an order entered June 12, 1996, by the respondent judge, the Honorable Danny O. Cline, of the Circuit Court of Braxton County, ruling that W. Va.Code § 20-2-5(10) (1994) (Repl.Vol.1996), which prohibits the carrying of loaded firearms in or on...

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