State Ex Rel. Forbes v. Canady

RECHT, Justice.

In this original prohibition proceeding, the Prosecuting Attorney for Kanawha County (“petitioner”), seeks to prohibit the respondent judge, the Honorable Herman Canady, Judge of the Circuit Court’ of Kanawha County (“respondent judge”), from entering an order dismissing an indictment charging Matthew Hensley (“defendant”) with the crime of malicious assault under W. Va.Code 61-2-9(a) (1978). 1

The respondent judge has decided that the malicious assault charge in the indictment was an outgrowth of the same transaction as offenses for which the defendant was previously acquitted,…