Eastham v. Holt
West Virginia Supreme Court
Petition of one Eastham for a writ of prohibition directed to one Holt, judge of the Circuit Court. 'Writ-denied by operation of law, because of a divided Court.
1DissentDent, Judge
(dissenting) :
Robert W. Eastham, petitioner, being in custody of the sheriff of Tucker Oounty on accusation of the felonious killing of one Frank E. Thompson, the grand jury, at the June term of the circuit court of said county, after investigating the charge, returned an indictment for manslaughter. The prosecuting attorney, being of the opinion that the prisoner should be indicted for a higher offense, with consent of the presiding judge, entered a nolle pros-equi. The prisoner thereupon moved his discharge or admission to bail. Both motions were over-ruled. The judge directed the drawing…
2Cases cited29 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- The People v. . PetreaNew York Court of Appeals · 1883
- State v. HamlinSupreme Court of Connecticut · 1879
- Avirett v. StateCourt of Appeals of Maryland · 1893
- Bedell v. HerringCalifornia Supreme Court · 1888
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