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BARKER v. FOX

No. 13988.

238 S.E.2d 235 (1977)

Carl Edwin BARKER v. Hon. Fred L. FOX, II, Judge, Circuit Court, Marion County, et al.

Supreme Court of Appeals of West Virginia.

November 1, 1977.

Attorney(s) appearing for the Case

George R. Higinbotham, Higinbotham, Jones & Higinbotham, Fairmont, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Pamela Dawn Tarr, Asst. Atty. Gen., Charleston, for respondents.

NEELY, Justice:

Relator Carl Edwin Barker was indicted by the grand jury of Marion County during the March 1977 term of court for the crimes of breaking and entering and entering without breaking. Mr. Barker moved to quash these indictments in the Circuit Court of Marion County, arguing that the evidence presented to the grand jury was legally insufficient to support the indictments, because it consisted exclusively of...

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