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STATE v. CHINN

No. 12125.

121 S.E.2d 610 (1961)

STATE of West Virginia ex rel. Robert OSBORNE v. H. H. CHINN, Justice of the Peace for Kanawha County, West Virginia, and Kenneth W. Pauley and Raymond D. Roberts.

Supreme Court of Appeals of West Virginia.

Decided September 26, 1961.

Concurring Opinion October 2, 1961.

Attorney(s) appearing for the Case

H. D. Rollins, Charleston, for relator.

C. Donald Robertson, Atty. Gen., Andrew J. Goodwin, Asst. Atty. Gen., Charles M. Walker, Pros. Atty., Kanawha County, Charleston, for respondents.

BERRY, Judge.

This is a proceeding in prohibition under the original jurisdiction of this Court to restrain the respondent, H. H. Chinn, a Justice of the Peace for Kanawha County, from trying the petitioner on a charge of cruelty to animals, in violation of Code, 61-8-19. If the petitioner were tried and found guilty, he would be subject to a fine of not less than five nor more than one hundred dollars, and at the discretion...

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