GILKERSON v. LILLY

No. 15374.

288 S.E.2d 164 (1982)

Andrew Re GILKERSON v. The Honorable C. Berkley LILLY, Chief Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

March 5, 1982.


Attorney(s) appearing for the Case

Lee H. Adler, Beckley, for petitioner.

Chauncey H. Browning, Atty. Gen., Laurie J. Garrigan and Silas B. Taylor, Asst. Attys. Gen., Charleston, for respondents.


NEELY, Justice:

This is an original prohibition proceeding that invites further illumination of our law on double jeopardy. On 11 August 1979 petitioner, then nineteen years old, accompanied a juvenile to the local skating rink in Raleigh County. On the way home, they walked along West Virginia Route # 16 and either one or both decided to break into the Dairy Delight dairy stand. Apparently pursuant to a preconceived plan, the petitioner assisted the smaller and thinner...

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