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STATE EX REL. RASNAKE v. NARICK

Nos. 13669, 13670.

227 S.E.2d 203 (1976)

STATE ex rel. William Clifford RASNAKE v. Steven D. NARICK, Judge, etc. STATE ex rel. Rickey Lee SCHNELLE v. Steven D. NARICK, Judge, etc.

Supreme Court of Appeals of West Virginia.

April 6, 1976.

Attorney(s) appearing for the Case

Galbraith, Seibert & Kasserman, Ronald W. Kasserman, Wheeling, for Rasnake.

Bailey, Byrum & Vieweg, George B. Vieweg, III, Wheeling, for Schnelle.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for respondent.

BERRY, Chief Justice:

These two original proceedings in prohibition involve multiple challenges to the constitutionality of West Virginia's rape statute, W.Va.Code, 61-2-15, as amended. Because the cases involve substantially identical matters, this Court, on joint motion of the parties, consolidated the cases for briefing and argument and they will be decided together.

William Clifford Rasnake was indicted by a grand jury of Marshall County, West Virginia...

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