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PORTER v. FERGUSON

No. 16393.

324 S.E.2d 397 (1984)

Phillip M. PORTER v. Hon. Alfred E. FERGUSON, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

December 21, 1984.

Attorney(s) appearing for the Case

John J. McOwen, Huntington, Ronald J. Flora, Milton, for appellant.

Chauncey Browning, Atty. Gen., Andrew Lopez, Asst. Atty. Gen., Charleston, for appellee.

HARSHBARGER, Justice:

Phillip M. Porter petitions for prohibition to prevent the Circuit Court of Cabell County from retrying him for first degree murder. He asserts that because the trial court erroneously declared a mistrial in a previous proceeding on the same charge, retrial is barred by double jeopardy.

In January, 1982, Porter was indicted on two counts of first degree murder. His motion for severance was...

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