STATE EX REL. HALL v. STRICKLER

No. 15264.

285 S.E.2d 143 (1981)

STATE ex rel. Clarence B. HALL v. The Honorable E. D. STRICKLER, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

December 11, 1981.


Attorney(s) appearing for the Case

Barber & Dunn and Ralph Dunn, Richwood, for relator.

Chauncey H. Browning, Jr., Atty. Gen. and Silas B. Taylor, Asst. Atty. Gen., Victor A. Barone, Deputy Atty. Gen., Charleston, for respondents.


HARSHBARGER, Chief Justice:

We are asked to prohibit the Nicholas County Circuit Court from trying Clarence Hall for robbery. A May, 1980 two-count indictment charged Hall with first-degree murder1 and robbery of Ralph Barnett. On the first day of trial the following in camera exchange transpired between defense counsel and trial court:

[DEFENSE COUNSEL]: If your Honor please, this is an indictment that contains two counts...

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