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STATE v. JONES

No. 17638.

363 S.E.2d 513 (1987)

STATE of West Virginia v. Robert L. JONES.

Supreme Court of Appeals of West Virginia.

Rehearing Denied February 3, 1988.

Attorney(s) appearing for the Case

Susan B. Tucker, Pros. Atty., Darrell W. Ringer, Asst. Pros. Atty., Morgantown, for plaintiff.

Gregory Hinton, Fairmont, for defendant.

MILLER, Justice:

The State of West Virginia, pursuant to W.Va.Code, 58-5-30, appeals an order of the circuit court granting a motion to dismiss a murder indictment after the first two trials had resulted in mistrials because of deadlocked juries.1 The court dismissed the indictment on the ground that the defendant, Robert L. Jones, a black male, had been denied equal protection as guaranteed by the Fourteenth Amendment to the United

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