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SMITH v. OAKLEY

No. 13621.

220 S.E.2d 689 (1975)

Denny SMITH v. Honorable Harvey OAKLEY, Judge, Circuit Court, Logan County, West Virginia.

Supreme Court of Appeals of West Virginia.

December 16, 1975.

Attorney(s) appearing for the Case

James McCall Cagle, Charleston, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Fredric J. George, Asst. Atty. Gen., Charleston, for respondent.

CAPLAN, Justice:

In this original proceeding in prohibition the relator, Denny Smith, seeks to prohibit the respondent, Harvey Oakley, Judge of the Circuit Court of Logan County, from proceeding with the trial on an indictment charging said relator with a violation under W.Va.Code, 1931, 61-6-7, sometimes referred to as the Red Men's Act.

In an indictment returned by the grand jury serving the Circuit Court of Logan County, it was charged that the relator...

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