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STATE v. DeBERRY

No. 19990.

408 S.E.2d 91 (1991)

STATE of West Virginia, Plaintiff Below, Appellant, v. Karen Sue DeBERRY, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 25, 1991.

Attorney(s) appearing for the Case

Edmund J. Matko, David A. Jones, Harrison County Prosecutor's Office, Clarksburg, Joanna I. Tabit, Deputy Atty. Gen., Appellate Div., Charleston, for the plaintiff below, appellant.

James M. Pool, Clarksburg, for the defendant below, appellee.

McHUGH, Justice:

This case is before the Court upon the appeal of the State of West Virginia. The appellee is Karen Sue DeBerry, the defendant below (hereinafter "defendant").

I

This appeal arises from the dismissal of an indictment in the Circuit Court of Harrison County. Because there was no trial, the record is very brief, with little factual development. The State's allegations, however, are as follows: In May, 1989, the defendant went to a party...

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