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STATE EX REL. BOSO v. WARMUTH

No. 14807.

270 S.E.2d 631 (1980)

STATE ex rel. Randy Lee BOSO v. Hon. Richard A. WARMUTH, One of the Judges of the Circuit Court of Marshall County, West Virginia, and Mark A. Karl, Prosecuting Attorney for Marshall County, West Virginia.

Supreme Court of Appeals of West Virginia.

Rehearing Denied October 7, 1980.

Attorney(s) appearing for the Case

O'Brien, Cassidy & Gallagher and Patrick S. Cassidy, Fitzsimmons & Parsons and William E. Parsons II, Wheeling, for relator.

Chauncey H. Browning, Jr., Atty. Gen., Frances W. McCoy, Asst. Atty. Gen., Charleston, for respondents.

NEELY, Chief Justice:

In this prohibition proceeding we are asked to determine whether the respondents are barred from prosecuting the relator on felony indictments returned by grand juries in Marshall County under the "Three Term Rule," W.Va.Code, 62-3-21 [1959]. Since the relator fled the State to avoid prosecution, the real question is not whether three terms have passed since the relator was indicted, but whether the State acted with reasonable diligence...

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