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STATE v. FITCHER

No. 16327.

337 S.E.2d 918 (1985)

STATE of West Virginia v. Hampden V. FITCHER, III.

Supreme Court of Appeals of West Virginia.

December 11, 1985.

Attorney(s) appearing for the Case

Harry G. Deitzler, Pros. Atty., Richard M. Richmond, Asst. Pros. Atty., Parkersburg, for appellant.

James M. Bradley, Jr., Parkersburg, for appellee.

PER CURIAM:

This case involves the sufficiency of an indictment returned against Hampden V. Fitcher, III. The indictment alleged that Mr. Fitcher had committed the offense of delivery of a controlled substance by "... delivering a controlled substance, cocaine, which is a derivative of non-decocainized coca leaves...." In an order dated April 13, 1984, the Circuit Court of Wood County granted the defendant's motion to dismiss the indictment on the ground that it failed...

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