STATE EX REL. ROWE v. FERGUSON

No. 14777.

268 S.E.2d 45 (1980)

STATE ex rel. William Edward ROWE and John Calvin Wolfe v. Honorable Alfred E. FERGUSON, Judge of the Circuit Court of Cabell County and Honorable John Ray Rice, Magistrate of Magistrate Court of Cabell County.

Supreme Court of Appeals of West Virginia.

July 8, 1980.


Attorney(s) appearing for the Case

W. Merton Prunty, W. Stanley James, Huntington, for relators.

Chauncey H. Browning, Atty. Gen., Gray Silver, III, Asst. Atty. Gen., Charleston, for respondents.


MILLER, Justice:

In this original writ of mandamus, the relators seek to compel the respondents, a circuit judge and a magistrate, to afford them a preliminary hearing. The magistrate had previously scheduled a preliminary hearing, but cancelled it when relators were indicted by a grand jury for felonious assault. The relators thus raise the question of whether, under West Virginia law, criminal defendants have a right to a post-indictment preliminary hearing. We...

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