1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 735 S.E.2d
  5. 735 S.E.2d 259 (2012)
 

DAVIS v. FOX

No. 12-0603.

735 S.E.2d 259 (2012)

Ser James DAVIS, Prosecuting Attorney, Petitioner v. The Honorable Fred L. FOX, II, Judge and James Michael Sands, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 8, 2012.

Attorney(s) appearing for the Case

David F. Cross , Prosecuting Attorney's Office, Wellsburg, WV, for Petitioner.

Martin P. Sheehan , Sheehan & Nugent, Wheeling, WV, for Respondent, James Michael Sands.

McHUGH, Justice:

Through means of a writ of prohibition, James Davis, the Prosecuting Attorney of Hancock County (hereinafter "Petitioner"), seeks to prevent the enforcement of the April 19, 2012, order of the Honorable Fred L. Fox II, dismissing one count of felony murder from the indictment returned against James Michael Sands. In dismissing the felony murder count, the trial court took the position that a co-perpetrator, Mr. Sands, could not be found guilty of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases