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STATE v. SMITH

No. 15225.

285 S.E.2d 500 (1981)

STATE of West Virginia ex rel. Clarence Thomas MILLER v. Hunter Paul SMITH, Jr., Prosecuting Attorney of Clay County, West Virginia.

Supreme Court of Appeals of West Virginia.

December 18, 1981.

Attorney(s) appearing for the Case

James Wilson Douglas, Clay, for relator.

Chauncey H. Browning, Atty. Gen. and Thomas N. Trent, Asst. Atty. Gen., Charleston, for respondent.

McGRAW, Justice:

This case comes before us on a writ of prohibition seeking to restrain the respondent, the Prosecuting Attorney of Clay County, from attempting to dissuade or discourage the grand jury from hearing the petitioner or any evidence he might have regarding a complaint which he seeks to lay before it. The petitioner contends that the use of persuasion by the prosecuting attorney to influence the decision of the grand jury whether or not to entertain the...

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