STATE EX REL. KISNER v. FOX

No. 14808.

267 S.E.2d 451 (1980)

STATE ex rel. Larry Stephen KISNER v. Fred L. FOX, II, Judge of the Circuit Court of Marion County, West Virginia, and Frank C. Mascara, Prosecuting Attorney of Marion County, West Virginia.

Supreme Court of Appeals of West Virginia.

June 17, 1980.


Attorney(s) appearing for the Case

Stanton & Stanton and G. Patrick Stanton, Jr., Fairmont, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Lawrence R. Frail, Asst. Atty. Gen., Charleston, for respondents.


NEELY, Chief Justice:

This prohibition proceeding presents an opportunity to address a problem that, fortunately, has been a rare occurrence in our State, namely, what happens when the State cannot produce the transcript of a criminal trial because the court reporter's notes have been lost? We hold that absent extraordinary dereliction on the part of the State, the defendant is not entitled to discharge, but will have the option of appealing on the basis of a reconstructed...

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