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STATE EX REL. ESTES v. EGNOR

No. 21955.

443 S.E.2d 193 (1994)

191 W.Va. 36

STATE of West Virginia ex rel. Robert J. ESTES, Relator, v. Honorable L.D. EGNOR, Judge of the Circuit Court of Cabell County, and Christopher Chiles, Prosecuting Attorney for Cabell County, Respondents.

Supreme Court of Appeals of West Virginia.

Filed February 18, 1994.

Filed as Modified April 18, 1994.

Attorney(s) appearing for the Case

W. Michael Frazier, Frazier & Oxley, Huntington, for relator.

Christopher Chiles, Pros. Atty., Margaret Phipps Brown, Asst. Pros. Atty., Huntington, for respondents.

MILLER, Justice:

In this original proceeding in prohibition, we are asked to prevent the prosecution of the relator, Robert J. Estes, in the Circuit Court of Cabell County on a charge that he had unexcused absences from school in violation of W.Va.Code, 18-8-2 (1988). Mr. Estes contends that he cannot be prosecuted under W.Va.Code, 18-8-2, because the statute only applies to an individual having legal or actual charge over a student and not to the student himself...

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