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STATE EX REL. WALDRON v. STEPHENS

No. 22666.

457 S.E.2d 117 (1995)

193 W.Va. 440

STATE of West Virginia, ex rel. Billy Ray WALDRON, Petitioner v. Honorable Booker T. STEPHENS, Judge of the Circuit Court of McDowell County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided March 24, 1995.

Attorney(s) appearing for the Case

Rudolph J. Murensky II, Welch, for petitioner.

David G. Thompson, Sp. Asst. Pros. Atty., Pineville, for respondent.

PER CURIAM:

The Petitioner, Billy Ray Waldron (hereinafter "Mr. Waldron"), seeks a writ of prohibition preventing the Honorable Booker T. Stephens of the Circuit Court of McDowell County from trying Mr. Waldron on charges of malicious assault contained in an indictment returned on June 16, 1992. Mr. Waldron contends that the provisions of West Virginia Code § 62-3-21 (1992) require dismissal of the indictment due to the failure of the State to try him within...

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