State Ex Rel. Zirk v. Muntzing

HaYMOND, PRESIDENT:

In this original proceeding in prohibition, instituted in this Court July 13,1961, two questions, which will be dealt with conversely to the order in which they are stated, are presented for decision. Those questions are: (1) Whether prohibition lies to prevent the petitioner, Wilson Zirk, from being twice put in jeopardy of life or liberty for the same offense by the respondent, Honorable H. G. Muntzing, Judge of the Circuit Court of Hardy County, West Virginia, in a criminal proceeding upon an indictment for the murder of Eldridge Lee Ritter returned against the…