State Ex Rel. Rasnake v. Narick

Berry, Chief Justice:

These two original proceedings in prohibition involve multiple challenges to the constitutionality of West Virginia’s rape statute, W. Va. Code, 61-2-15, as amended. Because the cases involve substantially identical matters, this Court, on joint motion of the parties, consolidated the cases for briefing and argument and they will be decided together.

William Clifford Rasnake was indicted by a grand jury of Marshall County, West Virginia, on July 8, 1975, on a charge of forcible rape. Rickey Lee Schnelle was also indicted for forcible rape by a grand jury of Marshall…