STATE EX REL. FORBES v. CANADY

No. 23242.

475 S.E.2d 37 (1996)

197 W.Va. 37

STATE of West Virginia ex rel. William C. FORBES, Prosecuting Attorney for Kanawha County, Petitioner, v. Honorable Herman G. CANADY, Jr., Judge of the Circuit Court of Kanawha County, and Matthew R. Hensley, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 13, 1996.


Attorney(s) appearing for the Case

Mary Beth Kershner, Assistant Prosecuting Attorney, Charleston, for Petitioner.

Gregory J. Campbell, Campbell & Turkaly, Charleston, for Respondent Hensley.


RECHT, Justice.

In this original prohibition proceeding, the Prosecuting Attorney for Kanawha County ("petitioner"), seeks to prohibit the respondent judge, the Honorable Herman Canady, Judge of the Circuit Court of Kanawha County ("respondent judge"), from entering an order dismissing an indictment charging Matthew Hensley ("defendant") with the crime of malicious assault under W. Va.Code 61-2-9(a) (1978).

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