BROWNING, Judge.
The defendant, Delmer Good, was indicted by the grand jurors attending the January, 1967, term of the Circuit Court of Jackson County in the following words and figures:
"That heretofore, to-wit, on the 14th day of August, 1965, a civil action was instituted by Jerry White, plaintiff, against Delmer Good, before Gay H. Duke, then and there being one of the Justices of the Peace in and for Jackson County, West Virginia, his office being located...
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