STATE v. THOMPSON

No. 12603.

151 S.E.2d 732 (1966)

STATE ex rel. William Russell TUNE v. Honorable William J. THOMPSON, Judge of the Intermediate Court of Kanawha Co., W. Va.

Supreme Court of Appeals of West Virginia.

Decided December 6, 1966.

Dissenting Opinion December 20, 1966.


Attorney(s) appearing for the Case

Steptoe & Johnson, Edward W. Eardley, Charleston, for relator.

C. Donald Robertson, Atty. Gen., Leo Catsonis, Asst. Atty. Gen., Charleston, for respondent.


BROWNING, Judge.

In this original proceeding in this Court, petitioner, William Russell Tune, seeks to prohibit the respondent, the Honorable William J. Thompson, Judge of the Intermediate Court of Kanawha County, from causing petitioner to be tried a second time upon an indictment returned February 15, 1963, charging petitioner with the offense of armed robbery.

The petition alleges, and it is uncontradicted by the answer of respondent, that petitioner was...

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