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STATE EX REL. ROARK v. CASEY

Nos. 15411, 15412.

286 S.E.2d 702 (1982)

STATE of West Virginia, ex rel. James E. ROARK, Prosecuting Attorney for Kanawha County, West Virginia v. Patrick CASEY, Judge of the Circuit Court of Kanawha County and Theodore Cook. and STATE ex rel. Richie PRICE v. Patrick CASEY, Judge, etc., and Theodore Cook.

Supreme Court of Appeals of West Virginia.

Rehearing Denied March 26, 1982.

Attorney(s) appearing for the Case

Jack Kessler, Asst. Pros. Atty., Charleston, for Roark.

Charles Q. Gage, Charleston, for Price.

Kauffelt & Kauffelt and T. D. Kauffelt, Charleston, Snyder & Segal and Benjamin M. Snyder, Clendenin, for respondents.

NEELY, Justice:

The Grand Jury for the May 1981 term of the Circuit Court of Kanawha County returned an indictment charging Mark Price, Richard Price and Theodore Cook with felony murder. Thereafter the prosecutor for Kanawha County entered into a plea bargain with Richard Price, a juvenile, by which the State agreed not to seek a transfer from juvenile to adult jurisdiction in return for his testimony at the trials of his codefendants. Before considering the plea...

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