STATE EX REL. BASS v. ABBOT

No. 18631.

375 S.E.2d 590 (1988)

STATE of West Virginia ex rel. Bruce BASS v. The Honorable W. Robert ABBOT.

Supreme Court of Appeals of West Virginia.

December 8, 1988.


Attorney(s) appearing for the Case

G. Ernest Skaggs, Skaggs & Skaggs, Fayetteville, for appellant.

Charles E. King, Jr., Pros. Atty., for appellee.


NEELY, Justice:

Petitioner seeks to prohibit a second trial on a charge of delivering cocaine. At the close of evidence in petitioner's first trial, petitioner's counsel moved the court to dismiss the case with prejudice because the state had provided petitioner with an incorrect date for the offense and petitioner relied on that date to prepare his alibi defense. The trial court found that the misinformation did not result...

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