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STATE EX REL. SMITH v. SCOTT

No. 15181.

280 S.E.2d 811 (1981)

STATE ex rel. Leonard SMITH v. George M. SCOTT, Judge, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 29, 1981.

Attorney(s) appearing for the Case

Larry L. Skeen, Ripley, Joseph C. Hash, Jr., Ravenswood, for relator.

Chauncey H. Browning, Atty. Gen., Janet Frye Steele, Asst. Atty. Gen., Charleston, for respondent.

NEELY, Justice:

This original writ of prohibition was brought to compel the respondent circuit judge to dismiss criminal proceedings against the relator because pretrial psychiatric examinations clearly reveal that relator was not criminally responsible for the act of malicious assault with which he is charged at the time the crime was committed. This case requires us to interpret syl. pt. 1 of Walton v. Casey, W.Va., 258 S.E.2d 114

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