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HARMAN v. FRYE

No. 21233.

425 S.E.2d 566 (1992)

188 W.Va. 611

David C. HARMAN, Magistrate for Mineral County, Petitioner, v. Honorable Andrew N. FRYE, Jr., Judge of the Twenty-First Judicial Circuit, Respondent.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1992.

Attorney(s) appearing for the Case

John M. Hedges, Charleston, for petitioner.

No appearance for respondent.

McHUGH, Chief Justice:

In this original proceeding in mandamus, David C. Harman, Magistrate of Mineral County, seeks to have this Court compel the Circuit Court of Mineral County to appoint a special prosecutor in a cross-warrant action involving private citizens' complaints. Magistrate Harman also requests in his petition that this Court modify Rule 3 of the Rules of Criminal Procedure for the Magistrate Courts of West Virginia, and declare that private citizen...

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