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STATE EX REL. WORKMAN v. FURY

No. 15344.

283 S.E.2d 851 (1981)

STATE ex rel. Gerald WORKMAN. v. William L. FURY, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

November 6, 1981.

Attorney(s) appearing for the Case

J. Burton Hunter, III, Weston, for relator.

Chauncey H. Browning, Atty. Gen., Charleston, and James V. Cann, Asst. Atty. Gen., Clarksburg, for respondents.

NEELY, Justice:

Relator, Gerald Workman, is confined in the Lewis County jail (in lieu of $10,000 bond) awaiting trial on an indictment for third degree sexual assault against his thirteen year-old stepdaughter. Relator contends that his right to a speedy trial has been violated. We agree and direct the dismissal of the indictment with prejudice.

Relator was indicted during the November, 1980 term of the circuit court. Shortly after the return of the indictment...

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