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STATE EX REL. STINES v. LOCKE

No. 13654.

220 S.E.2d 443 (1975)

STATE ex rel. George Allen STINES, v. The Honorable Kermit A. LOCKE, Judge, Circuit Court, Raleigh County, and Thomas B. Canterbury, Prosecuting Attorney, Raleigh County.

Supreme Court of Appeals of West Virginia.

December 19, 1975.

Attorney(s) appearing for the Case

Joseph Luchini, Beckley, for relator.

Chauncey H. Browning, Jr., Atty. Gen., E. Leslie Hoffman, III, Asst. Atty. Gen., Charleston, for respondents.

CAPLAN, Justice:

The single issue for resolution in this original proceeding in prohibition is whether the "three term rule," embodied in W.Va. Code, 1931, 62-3-21, as amended, prohibits the state from trying the petitioner in the circumstances hereinafter set forth. That statute provides, in pertinent part:

Every person charged by presentment or indictment with a felony or misdemeanor, and remanded to a court...

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