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STATE v. LEWIS

No. 20930.

422 S.E.2d 807 (1992)

188 W.Va. 85

STATE of West Virginia, Plaintiff Below, Appellee, v. Michael LEWIS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 6, 1992.

Attorney(s) appearing for the Case

James B. Lees, Jr., James A. McKowen, Hunt & Wilson, Charleston, for appellant.

Cynthia A. Gaither, Asst. Pros. Atty., Martinsburg, for appellee.

MILLER, Justice:

We granted this case to determine whether the State can obtain review in this Court of a ruling made in a circuit court in a criminal case by certified question under W.Va.Code, 58-5-2 (1967), or by writ of prohibition. For the reasons stated in Part I, infra, we find that we are without jurisdiction to entertain a certified question in a criminal case. In Part II, infra, we recognize that the State has a limited right to seek a writ...

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