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STATE EX REL. SPADAFORE v. FOX

No. 13060.

186 S.E.2d 833 (1972)

STATE ex rel. John Richard SPADAFORE et al. v. Honorable Fred L. FOX, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided February 29, 1972.

Attorney(s) appearing for the Case

Paul E. Parker, Jr., Fairmont, for plaintiffs in error.

Chauncey H. Browning, Jr., Atty. Gen., Willard A. Sullivan, Richard E. Hardison, Asst. Attys. Gen., Charleston, for defendants in error.

BERRY, Judge:

This is an appeal by John Richard Spadafore and Anthony Donald Spadafore, hereinafter referred to as appellants, from a final judgment of the Circuit Court of Marion County on February 4, 1971 which denied the appellants' application for a writ of prohibition. The appellants had filed their petition for a writ of prohibition in the Circuit Court of Marion County after the Criminal Court of Marion County on January 28, 1971 had denied their plea in abatement...

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