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STATE EX REL. MILLER v. FURY

No. 15966.

309 S.E.2d 79 (1983)

STATE ex rel. Dane L. MILLER v. William L. FURY, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

November 14, 1983.

Attorney(s) appearing for the Case

J. Burton Hunter, III, Weston, for relator.

Chauncey H. Browning, Atty. Gen., and John Ernest Shank, Asst. Atty. Gen., Charleston, for respondents.

MILLER, Justice:

In this proceeding the relator, Dane L. Miller, prays that we issue a writ of prohibition prohibiting the respondents from prosecuting him under misdemeanor warrants charging him with driving under the influence of alcohol, second offense, and resisting arrest. The relator asserts that more than one hundred and twenty days have passed since the issuance of the warrants and that no prosecution of him has been commenced. He claims that under our recent...

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