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STATE v. MUNTZING

Case No. 12099.

120 S.E.2d 260 (1961)

STATE ex rel. Wilson ZIRK v. H. G. MUNTZING, Judge of the Circuit Court of Hardy County.

Supreme Court of Appeals of West Virginia.

Decided June 6, 1961.

Attorney(s) appearing for the Case

Ralph J. Bean, John W. Hamilton, Bean & Hamilton, Moorefield, for relator.

C. Donald Robertson, Atty. Gen., Andrew J. Goodwin, Asst. Atty. Gen., Lewis S. Moomau, Pros. Atty., Hardy County, Moorefield, for respondent.

CALHOUN, Judge.

This case requires a determination whether a person jointly indicted with one or more other persons for a felony has an absolute right to elect to be tried separately.

On February 21, 1961, a grand jury of the Circuit Court of Hardy County returned a joint indictment for a felony against Wilson Zirk, the relator herein, and four other persons. While we are not called upon to construe the indictment and do not undertake to do so, the trial court...

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