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STATE EX REL. BROOKS v. WORRELL

No. 13209.

190 S.E.2d 474 (1972)

STATE ex rel. Edwin Robert BROOKS v. Robert M. WORRELL, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1972.

Attorney(s) appearing for the Case

Katz, Katz & Kantor, Norris Kantor, Bluefield, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Willard A. Sullivan, Richard E. Hardison, Asst. Attys. Gen., Charleston, D. Grove Moler, Pros. Atty., Mullens, for respondents.

BERRY, Judge:

This is a proceeding in prohibition instituted under the original jurisdiction of this Court by Edwin Robert Brooks to prohibit the Honorable Robert M. Worrell, Judge of the Circuit Court of Wyoming County, and D. Grove Moler, Prosecuting Attorney of Wyoming County, from proceeding further to try the petitioner on an indictment for "breaking and entering." The petitioner contends that the respondent judge improperly declared a mistrial during the trial...

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