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STATE v. GAINER

No. 15998.

318 S.E.2d 456 (1984)

STATE of West Virginia v. Edgar G. GAINER, Magistrate of Randolph County, West Virginia.

Supreme Court of Appeals of West Virginia.

July 11, 1984.

Attorney(s) appearing for the Case

Gregory W. Bailey, Deputy Atty. Gen., Charleston, for appellant.

R. Mike Mullens, Elkins, for appellee.

McGRAW, Justice:

The State of West Virginia appeals from the dismissal of its petition for a writ of prohibition in the Circuit Court of Randolph County which sought to nullify the reduction of a second offense drunk driving charge to a first offense drunk driving charge by Randolph County Magistrate, Edgar G. Gainer. The State contends that the magistrate exceeded his authority in reducing the charge, and that, therefore, a writ of prohibition should have issued...

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