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STATE EX REL. WHITMAN v. FOX

Nos. 13951 and 13958.

236 S.E.2d 565 (1977)

STATE of West Virginia ex rel. Harold K. WHITMAN, Jack Hobbs, Vernon Dingess, and Anthony P. Cristiani v. The Honorable Fred L. FOX, II, Judge of the Circuit Court of Logan County, West Virginia. STATE of West Virginia ex rel. Roy STOLLINGS, Amos Godby and Betty Lunsford v. The Honorable Fred L. FOX, II, Judge of the Circuit Court of Logan County, West Virginia.

Supreme Court of Appeals of West Virginia.

July 15, 1977.

Attorney(s) appearing for the Case

Grubb & Spaulding, Bernard L. Spaulding, Logan, for Stollings, et al.

Barrett, Chafin & Lowry, Lafe C. Chafin, Ray L. Hampton, II, Huntington, for Whitman, et al.

Chauncey H. Browning, Jr., Atty. Gen. and Sp. Pros. Atty., Willard A. Sullivan, Jr., Asst. Atty. Gen. and Asst. Sp. Pros. Atty., Paul R. Goode, Jr., Sp. Asst. Atty. Gen. and Asst. Sp. Pros. Atty., Mullins, John R. Fowler, Asst. Sp. Pros. Atty., Love, Wise, Robinson & Woodroe, Larry J. Gonzales, Charleston, for respondent.

NEELY, Justice:

These are two original proceedings in prohibition presenting important issues in the administration of the criminal law which the Court consolidated for argument and disposition because of identical questions of law.

On December 15, 1976 a special grand jury sitting in and for the Circuit Court of Logan County, West Virginia, returned a multiple count, joint indictment against Harold K. Whitman, Jack Hobbs, Vernon Dingess, and Anthony P. Cristiani...

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