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STATE EX REL. PINSON v. MAYNARD

No. 18842.

383 S.E.2d 844 (1989)

STATE ex rel. Paul E. PINSON, Special Prosecuting Attorney of Mingo County v. The Honorable Elliott E. MAYNARD, Judge of the Circuit Court of Mingo County.

Supreme Court of Appeals of West Virginia.

July 24, 1989.

Attorney(s) appearing for the Case

Charles G. Brown, Atty. Gen., Stephen D. Herndon, Sol. Gen., Charleston, for appellant.

Paul E. Pinson, Pros. Atty., Williamson, for Maynard.

Michael Thornsbury, Larry Thompson, Thornsbury & Associates, Williamson, for Gertrude Elaine Montgomery.

WORKMAN, Justice:

In this original proceeding, the relator, the State of West Virginia, seeks a writ of mandamus to compel the respondent, Elliott E. Maynard, Judge of the Circuit Court of Mingo County, to vacate that portion of his order requiring dismissal of a six-count embezzlement indictment with prejudice. This Court issued a rule to show cause why this relief should not be granted on November 30, 1988.1 The circuit court...

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