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STATE EX REL. WILMOTH v. GUSTKE

No. 18357.

373 S.E.2d 484 (1988)

STATE ex rel. Fred M. WILMOTH v. Arthur N. GUSTKE, Judge of the Circuit Court of Wood County, and Harry G. Deitzler, Wood County Prosecuting Attorney.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion October 21, 1988.

Attorney(s) appearing for the Case

Lonnie C. Simmons, Ditrapano & Jackson, Charleston, for Fred M. Wilmoth.

Silas B. Taylor, Jill Miles, Asst. Attys. Gen., Charleston, for appellees.

McHUGH, Chief Justice:

This case is before this Court upon a petition for a writ of prohibition against the respondents, the Honorable Arthur N. Gustke, Judge of the Circuit Court of Wood County and Harry G. Deitzler, the Wood County Prosecuting Attorney, to prohibit the scheduled trial of the petitioner, Fred Wilmoth, who is accused of violating W.Va. Code, 61-5-17 [1931], the statutory proscription against obstructing a law enforcement officer in the lawful...

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