State ex rel. Rauch v. Gay

Harshbarger, Chief Justice:

Rauch was convicted on two warrants by a Berkeley County magistrate court jury. His writ of habeas corpus was denied by the Circuit Court, from which order he appealed. A six-person jury was selected from a panel of eight prospective jurors. W. Va. Code, 50-5-8, mandates that “[a] magistrate court jury shall consist of six persons, to be selected from a panel often persons.” (Emphasis added.)

Rules X.C.5 and X.D.5(a), Bench Book for the State of West Virginia Magistrate Court (1979), require:

Rule X.C.5:(a) Two to five days prior to the trial, draw one at a time, and…