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STATE EX REL JOHNSON v. ZAKAIB

No. 19827.

400 S.E.2d 590 (1990)

STATE of West Virginia ex rel. Fredtricia Natalie JOHNSON v. Honorable Paul ZAKAIB, Jr., Judge of the Circuit Court of Kanawha County; and William C. Forbes, Prosecuting Attorney of Kanawha County.

Supreme Court of Appeals of West Virginia.

December 14, 1990.

Attorney(s) appearing for the Case

George Castelle, Public Defender, Charleston, for Fredtricia N. Johnson.

Mary Beth Kershner, Asst. Pros. Atty., Charleston, for William C. Forbes.

MILLER, Justice:

In this original proceeding in prohibition, we are asked to prevent the prosecution of the petitioner, Fredtricia Natalie Johnson, in the Circuit Court of Kanawha County on a charge of credit card fraud. The petitioner contends that prosecution in circuit court is barred because proceedings were originally brought in the Magistrate Court of Kanawha County and because of the delay between dismissal of the...

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