STATE EX REL. BURDETTE v. SCOTT

No. 14583.

259 S.E.2d 626 (1979)

STATE ex rel. Hubert Dale BURDETTE v. George M. SCOTT, Circuit Judge, Fifth Judicial Circuit.

Supreme Court of Appeals of West Virginia.

Rehearing Denied December 13, 1979.


Attorney(s) appearing for the Case

Larry L. Skeen, Ripley, for relator.

Chauncey H. Browning, Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for respondent.


MILLER, Justice:

This original proceeding in prohibition presents the question of whether a defendant charged in a magistrate court by warrant with an offense of which that court has jurisdiction has the right to be tried in that court, or whether the prosecutor may elect to dismiss the warrant, present the case to the grand jury, and proceed to trial in the circuit court. The parties agree that the answer to this question...

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