Perry County Fiscal Court v. Commonwealth

OPINION OF THE COURT

This matter comes to us on appeal as a matter of right from the Court of Appeals. We adopt the following from the opinion of Judge Wilhoit as the opinion of this court and extend that opinion as indicated:

This matter is before the Court on petition of the Commonwealth to prohibit the respondent from enforcing an order by which he set the homicide trial of Harlow Gwinn for October 18, 1983, but excluded the death penalty as a possible penalty. Approximately three weeks pri- or to entry of this order, the respondent had ordered the fiscal court of Perry County, where the…