FARBER v. DOUGLAS

No. 16886.

361 S.E.2d 456 (1987)

Michael C. FARBER v. James Wilson DOUGLAS, Prosecuting Attorney of Braxton County, West Virginia, and Danny O. Cline, Judge of the Circuit Court of Braxton County, West Virginia.

Supreme Court of Appeals of West Virginia.

Statement of Justice McGraw October 19, 1987.


Attorney(s) appearing for the Case

Dan L. Hardway, Quarrier & Dunbar Sts., Charleston, for petitioner.

Silas B. Taylor, Deputy Atty. Gen., Charleston, for respondent James Wilson Douglas.

Danny O. Cline, pro se.


MILLER, Chief Justice:

In this original prohibition action, we are asked to prohibit the circuit court judge and the prosecuting attorney of Braxton County from taking any action against Michael Farber, the relator, based upon a two-count false swearing indictment recently returned by a Braxton County grand jury against the relator.

Two grounds are asserted for the prohibition. First, the prosecutor should have disqualified himself as a matter of law from...

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