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STATE EX REL. WEBB v. WILSON

Nos. 19276, 19279.

390 S.E.2d 9 (1990)

STATE ex rel. Jim WEBB v. Honorable Ronald E. WILSON, Special Judge of the Circuit Court of Mingo County, and Donald J. Tennant, Jr., Special Prosecuting Attorney of Mingo County. and STATE ex rel. Hugh WELLMAN v. Honorable Ronald E. WILSON, Special Judge of the Circuit Court of Mingo County, and Donald J. Tennant, Jr., Special Prosecuting Attorney of Mingo County.

Supreme Court of Appeals of West Virginia.

February 15, 1990.

Attorney(s) appearing for the Case

Rudolph L. di Trapano, Lonnie C. Simmons, Di Trapano & Jackson, Charleston, for Jim Webb.

Ronald E. Wilson, Sp. Judge of the Circuit Ct. of Mingo County, New Cumberland, Donald Tennant, Jr., Sp. Pros. Atty., Wheeling, for Honorable Ronald E. Wilson.

Lafe C. Chafin, Barrett, Chafin, Lowry & Hampton, Huntington, for Hugh Wellman.

McHUGH, Justice:

The issue in this case involves W.Va. Code, 62-3-21 [1959], the three-term rule, which implements an accused's constitutional right to a speedy trial, contained in article III, § 14 of the West Virginia Constitution,1 and reads, in pertinent part:

Every person charged by presentment or indictment with a felony or misdemeanor, and remanded to a court of competent jurisdiction for trial, shall...

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