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STATE v. SEIBERT

No. 20931.

429 S.E.2d 243 (1992)

189 W.Va. 201

STATE of West Virginia, Plaintiff Below, Appellant, v. Richard C. SEIBERT, Jr., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1992.

Attorney(s) appearing for the Case

Richard M. Gutmann, Asst. Atty. Gen., Charleston, for appellant.

Harry A. Smith, III, Jory & Smith, Elkins, for appellee.

BROTHERTON, Justice:

The appellant, the State of West Virginia, files this petition for appeal, arguing that the Randolph County Circuit Court order of July 11, 1991, was erroneous in dismissing Indictment No. 90-F-97 and in refusing to reconsider the dismissal of July 11, 1991, by order entered on November 14, 1991. The appellant also argues that the court erred in dismissing Indictment No. 91-F-13, by order dated October 30, 1991. We agree, and for the reasons stated...

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