State Ex Rel. Day v. Silver

MAYNARD, Justice:

The petitioner, Jonathan Lee Day, requests that this Court issue a writ of prohibition which prohibits the Circuit Court of Morgan County from proceeding to trial against him under the indictment that was returned by the grand jury on September 5, 2000. We believe the indictment is defective and must be dismissed.

On September 5, 2000, the grand jury of Morgan County returned an indictment against the petitioner charging him with two misdemeanor offenses, petit larceny and destruction of property. 1 The petitioner subsequently filed a motion requesting that the circuit court…