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MATUSHEFSKE v. HERLIHY

214 A.2d 883 (1965)

John MATUSHEFSKE, Justice of the Peace in New Castle County, Respondent-Appellant, v. Thomas HERLIHY, III, Chief Deputy Attorney General, Petitioner-Appellee.

Supreme Court of Delaware.

November 15, 1965.

Attorney(s) appearing for the Case

William D. Bailey, Jr., of Bayard, Brill, Russell & Handelman, Wilmington, for appellant.

David F. Anderson, of Berl, Potter & Anderson, and Peter W. Green, Wilmington, for appellee.

WOLCOTT, C. J., and CAREY, J., and MARVEL, Vice-Chancellor, sitting.

CAREY, Justice.

The Superior Court granted writs of prohibition against appellant herein, a Justice of the Peace, and the Court of Common Pleas of New Castle County, barring them from taking any further proceedings in certain criminal charges against the appellee, who was at the time Chief Deputy Attorney General, although he resigned that office prior to the decision below. A stipulation of facts was filed on the basis of which the Court held that "nothing done by...

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