State ex rel. Johnson v. Zakaib

MILLER, Justice:

In this original proceeding in prohibition, we are asked to prevent the prosecution of the petitioner, Fredtricia Natalie Johnson, in the Circuit Court of Kanawha County on a charge of credit card fraud. The petitioner contends that prosecution in circuit court is barred because proceedings were originally brought in the Magistrate Court of Kanawha County and because of the delay between dismissal of the magistrate court charge and the return of the indictment in circuit court. We agree and grant a mould-ed writ.

On November 19, 1988, the petitioner was arrested on a…