MILLER, Justice:
This is an original action in prohibition brought by a defendant under indictment for embezzlement to test the constitutionality of the embezzlement statute, W.Va. Code, 61-3-20. Petitioner's principal claim is the statute creates an impermissible presumption of guilt, violating his rights under Article III, Sections 5 and 10 of the West Virginia Constitution and the Fifth and Fourteenth Amendments of the United States Constitution. We agree, but...
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