Desper v. State

McHUGH, Chief Justice:

This proceeding in mandamus is before this Court upon the petition of Tony A. Desper. Desper seeks to compel the respondents to grant him a new preliminary examination in a ease in which Desper (hereinafter “defendant”) is charged, under W. Va. Code, 61-2-12 [1961], with the felony offense of robbery. Respondent Holbrook conducted the defendant’s original prelimi nary examination. 1 This Court directed the respondents to show cause why relief in mandamus should not be awarded against them. This Court has before it the petition, all matters of record and the briefs and…