State ex rel. Clifford v. Stucky

ALBRIGHT, Justice.

In this original proceeding in prohibition the relator, the State of West Virginia (hereinafter “the State”), prays that this Court prohibit the respondent, James M. Stucky, Judge of the Circuit Court of Kanawha County, from dismissing an appeal of a magistrate court conviction of respondent Scott Allred for a battery misdemeanor. The State claims that the lower court exceeded its authority by dismissing the criminal appeal on the ground that the failure of a magistrate to mark a box on a criminal complaint form indicating that the allegations in the complaint established…