State Ex Rel. Phillips v. Wood

Caplan, Judge:

In this original proceeding in prohibition the relator, Rufus M. Phillips, seeks to prohibit the Honorable George W. Wood, Judge of the Intermediate Court of Kanawha County, from resentencing him upon a plea of guilty to an indictment charging a felony.

Rufus M. Phillips was indicted by a grand jury at the September Term, 1961, of the Intermediate Court of Ka-nawha County. On October 6, 1961, Phillips appeared in open court with his counsel and entered a plea of guilty to the charge contained in the indictment. The court took time to consider its judgment and set October 27, 1961…