State Ex Rel. Estes v. Egnor

MILLER, Justice:

In this original proceeding in prohibition, we are asked to prevent the prosecution of the relator, Robert J. Estes, in the Circuit Court of Cabell County on a charge that he had unexcused absences from school in violation of W.Va.Code, 18-8-2 (1988). Mr. Estes contends that he cannot be prosecuted under W.Va.Code, 18-8-2, because the statute only applies to an individual having legal or actual charge over a student and not to the student himself. We agree and grant the writ.

The facts as alleged in the briefs are that Mr. Estes is an eighteen-year-old senior at Milton High…