Gapp v. Friddle

Stephen Shawn Gapp seeks to prohibit 1 prosecution against him for his alleged violation of several municipal ordinances and three State statutes until he is afforded a jury trial as provided by Art. Ill, § 14 of the West Virginia Constitution. 2 Gapp con tends that he is entitled, to a jury trial because the charges against him carry the possibility of incarceration and substantial fines.

On March 17, 1987, Stephen Gapp was charged with battery in violation of W.Va. Code § 61-2-9(c) (1978), obstructing a police officer in violation of W.Va.Code § 61-5-17 (1923), and resisting arrest in…