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STATE EX REL. HILL v. SMITH

No. 15880.

305 S.E.2d 771 (1983)

STATE ex rel. Robert HILL v. Honorable Robert K. SMITH, Judge, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 21, 1983.

Attorney(s) appearing for the Case

Michael R. Cline, Allen, Cline & Forbes, Charleston, for relator.

Philip B. Hereford, Charleston, for respondent.

HARSHBARGER, Justice:

Can a municipal deputy clerk in a home rule city issue a valid warrant? Robert Hill, about to be prosecuted on a Charleston city charge for shoplifting, hopes not.

Our constitution provides for Home Rule for Municipalities, Article VI, Section 39(a):

The legislature shall provide by general laws for the incorporation and government of cities.... Under such general laws, the electors of each municipal corporation, wherein the...

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