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STATE EX REL. NELSON v. FRYE

No. 33499.

655 S.E.2d 137 (2007)

STATE of West Virginia ex rel. Lynn A. NELSON, Prosecuting Attorney of Mineral County, West Virginia, Petitioner, v. The Honorable Andrew N. FRYE, Jr., Judge, 21st Judicial Circuit, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 8, 2007.

Attorney(s) appearing for the Case

Lynn A. Nelson, Prosecuting Attorney, Keyser, WV, pro se.

Andrew N. Frye, Jr., Judge, Keyser, WV, pro se.

Chad B.Cissel, Barr Sites & Cissel, Keyser, WV, for the Defendant, James W. Butler, Jr.

The Opinion of the Court was delivered PER CURIAM.

The State seeks a writ of prohibition to prevent The Honorable Andrew Frye of Mineral County from dismissing a charge of negligent homicide brought by the State against the defendant, James Butler (hereinafter "Mr. Butler"). The State alleges that the trial court exceeded its legitimate powers by dismissing the charge prior to the presentation of evidence to a jury. Subsequent...

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