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STATE EX REL. ATKINSON v. WILSON

No. 16319.

332 S.E.2d 807 (1985)

STATE ex rel. Jeff ATKINSON v. Hon. Ronald E. WILSON, Judge, et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinions July 9, 1985.

Attorney(s) appearing for the Case

Terrance L. Britt, Fitzsimmons & Parsons, Wheeling, for appellant.

S. Clark Woodroe, Asst. Atty. Gen., Charleston, for appellee.

American Civil Liberties Union Foundation, Reproductive Freedom, Project, New York City, West Va. Civil Liberties Union, Charleston, amicus curiae.

MILLER, Justice:

The relator, Jeff Atkinson, seeks to prohibit his murder trial in the Circuit Court of Hancock County on the ground that the court is without jurisdiction to try him. In support of his request for a writ of prohibition, he argues that neither our murder statute, W.Va.Code, 61-2-1, nor its attendant common law principles provide criminal sanctions for the murder of an unborn child.

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