Manning v. Inge

McHugh, Justice:

This action is before this Court upon certified questions from the Circuit Court of Fayette County, West Virginia, and a May 21, 1981, order of that court which remanded the underlying criminal action in this case to the Magistrate Court of Fayette County for disposition on the merits. The certified questions were docketed by this Court by order entered September 8,1981. The facts from which the certified questions arise are undisputed.

On December 4, 1980, Deputy D. E. Brown of the Fayette County Sheriff’s Office filed an information for an arrest warrant with Magistrate…