State Ex Rel. Owens v. Brown

McGRAW, Justice:

This is an original proceeding in which the petitioner, Johnie Owens, seeks a writ prohibiting the respondents from trying him in Mingo County before a jury summoned from Cabell County. The petitioner asserts that the decision of the circuit judge to summon jurors from another county was contrary to the rule noted in State ex rel. Cosner v. See, 129 W.Va. 722, 42 S.E.2d 31 (1947). We agree and award a writ to prohibit the respondents from proceeding further with the trial of the petitioner before a jury summoned from any county other than Mingo County until it appears from…