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STATE EX REL. STARR v. HALBRITTER

No. 19649.

395 S.E.2d 773 (1990)

STATE of West Virginia ex rel. Ricky STARR, Michael Bryant, Bobby Chafin, Tim Preece, Albert Rush Cline and Mike Holbrook v. Honorable Robert C. HALBRITTER, Duly Appointed and Acting Special Judge of the Circuit Court of Logan County, West Virginia, and Donald C. Wandling, Prosecuting Attorney of Logan County, West Virginia.

Supreme Court of Appeals of West Virginia.

June 28, 1990.

Attorney(s) appearing for the Case

Robert B. King, Robert B. Allen, John J. Polak, King, Betts & Allen, Charleston, for Michael Bryant, Bobby Chafin, Tim Preece, Albert Cline and Mike Holbrook.

Roger W. Tompkins, Atty. Gen., Joanna Tabit, Asst. Atty. Gen., Atty. General's Office, Charleston, for Robert C. Halbritter and Donald C. Wandling.

Jeffrey M. Wakefield, Kay, Casto, Chaney, Love & Wise, Charleston, Michael Thornsbury, Williamson, for Ricky Starr.

McHUGH, Justice:

In this original proceeding the relators, Ricky Starr, Michael Bryant, Bobby Chafin,1 Tim Preece, Albert Rush Cline and Mike Holbrook, seek a writ of prohibition precluding their being tried on allegedly void indictments pending against them in the Circuit Court of Logan County, West Virginia. We previously issued a rule to show cause why the requested relief should not be awarded. Having reviewed the petition and the...

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