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CITY OF FAIRMONT v. SCHUMAKER

No. CC982.

375 S.E.2d 785 (1988)

CITY OF FAIRMONT v. Christina SCHUMAKER.

Supreme Court of Appeals of West Virginia.

November 29, 1988.

Attorney(s) appearing for the Case

George R. Higinbotham, Higinbotham & Higinbotham, Kourtney A. Ryan, City Atty., Fairmont, for City of Fairmont.

Roger D. Curry, McLaughlin and Curry, Fairmont, for Schumaker.

PER CURIAM:

This case is a certified question from the Circuit Court of Marion County involving whether a defendant has a right to a jury trial in the municipal court when charged, by a warrant issued by the municipal judge, with driving while intoxicated, an offense carrying a mandatory jail sentence.

Christina Schumaker was arrested on August 23, 1987, by the Fairmont city police for driving while under the influence of alcohol. The municipal court for the...

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