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STATE EX REL. CANTERBURY v. BLAKE

No. 31150.

584 S.E.2d 512 (2003)

213 W.Va. 656

STATE of West Virginia ex rel. Charles CANTERBURY, Petitioner v. Paul BLAKE, Prosecuting Attorney of Fayette County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2003.

Attorney(s) appearing for the Case

Thomas W. Smith, Charleston, for Petitioner.

Paul Blake, Prosecuting Attorney, Brian D. Parsons, Assistant Prosecuting Attorney, Fayetteville, for Respondent.

PER CURIAM:

The petitioner, Charles Canterbury, seeks a writ of prohibition to preclude the Prosecuting Attorney of Fayette County from proceeding against him or the Circuit Court of Fayette County from holding a trial on the reindictment which was returned by the grand jury on January 16, 2003. Because W.Va.Code § 61-3-51 (1981) has fallen into desuetude in Fayette County, we issue the writ.

I.

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