State Ex Rel. Dowdy v. Robinson

257 S.E.2d 167 (1979)

STATE ex rel. Alan Gary DOWDY

v.

Dan C. ROBINSON, as Judge, etc.

No. 14421.

Supreme Court of Appeals of West Virginia.

June 5, 1979.

Dissenting Opinion August 3, 1979.

Charles M. Kincaid, Huntington, for relator.

Chauncey H. Browning, Atty. Gen., Richard L. Gottlieb, Asst. Atty. Gen., Charleston, for respondent.

NEELY, Justice:

In this original proceeding, the petitioner, Alan Gary Dowdy, seeks to prohibit the respondent judge of the Circuit Court of Cabell County from trying him on the grounds of double jeopardy. On 13 July 1978 the petitioner was tried on Indictment No. 78-C-50…