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STATE EX REL. STILTNER v. HARSHBARGER

Nos. 15558, 15581 and 15582.

296 S.E.2d 861 (1982)

STATE of West Virginia ex rel. Edmund C. STILTNER v. Hon. Ward HARSHBARGER, Magistrate, etc. STATE ex rel. Lowell J. CARPENTER v. Hon. Kay BURKETT, Kanawha County Magistrate Court, et al. STATE ex rel. Joseph FOSTER, Jr. v. Hon. Jack KINDER, Magistrate, etc., et al.

Supreme Court of Appeals of West Virginia.

October 15, 1982.

Attorney(s) appearing for the Case

Michael T. Clifford, Charleston, for relator, Stiltner and Carpenter and Buzzard.

Edward Rebrook III, Charleston, for relator, Foster, Jr.

Chauncey H. Browning, Atty. Gen. and Janet Steele, Asst. Atty. Gen., Charleston, for respondents.

NEELY, Justice:

These three proceedings in prohibition present a single issue, namely the applicability of our State Constitution's speedy trial provision, W.Va.Const., art. III, § 14, to the Magistrate Courts of this State. We conclude that a reasonable construction of W.Va.Const., art. III, § 14 implies that in the absence of extenuating circumstances, a trial on a warrant issued in Magistrate Court must be begun within a year of the date...

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