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STATE v. DE BERRY

Nos. 12106, 12107.

120 S.E.2d 504 (1961)

STATE of West Virginia ex rel. Joe SMITH v. Honorable Max DE BERRY, Judge of the Circuit Court of Pleasants County. STATE of West Virginia ex rel. Richard Stanley BROOKS v. Honorable Max DE BERRY, Judge of the Circuit Court of Pleasants County.

Supreme Court of Appeals of West Virginia.

Decided June 27, 1961.

Attorney(s) appearing for the Case

Fred L. Davis, Eugene T. Hague, Parkersburg, for relators.

Sam White, Pros. Atty., St. Marys, C. Donald Robertson, Atty. Gen., Andrew J. Goodwin, Asst. Atty. Gen., for respondent.

GIVEN, Judge.

Involved in these original proceedings in prohibition, against the Honorable Max De-Berry, Judge of the Circuit Court of Pleasants County, is the question of whether the petitioners, Joe Smith and Richard Stanley Brooks, at the relation of the State, should be discharged from further prosecution as to certain charges contained in five felony indictments returned by a grand jury of the Circuit Court of Pleasants County. No question of fact exists, the...

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