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STATE EX REL. ROGERS v. CASEY

No. 14892.

273 S.E.2d 356 (1980)

STATE ex rel. Clifford Wayne ROGERS v. The Honorable Patrick CASEY, Judge, etc. et al.

Supreme Court of Appeals of West Virginia.

December 19, 1980.

Attorney(s) appearing for the Case

Robert M. Harvey, Dunbar, for relator.

Chauncey H. Browning, Atty. Gen., Silas B. Taylor, Asst. Atty. Gen., Charleston, for respondents.

PER CURIAM:

In this prohibition proceeding the relator, Clifford Wayne Rogers, asserts that because of the provisions of the "Three Term Rule", W.Va.Code, 62-3-21 [1959], he should be discharged from prosecution for malicious or felonious wounding under Kanawha County Indictment No. 79-F-136. We agree.

Annually there are three terms of the Circuit Court of Kanawha County which commence on the second Monday in January, May, and September. W.Va.Code...

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