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STATE v. CHILDERS

No. 20426.

415 S.E.2d 460 (1992)

STATE of West Virginia, Plaintiff Below, Appellee, v. Kennie CHILDERS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 5, 1992.

Attorney(s) appearing for the Case

J.W. Feuchtenberger, Stone, McGhee, Feuchtenberger & Barringer, Bluefield, for appellant.

Joanna I. Tabit, Deputy Atty. Gen., Charleston, for appellee.

MILLER, Justice:

Kennie Childers, the defendant below, appeals the final order of the Circuit Court of McDowell County, dated May 23, 1990, denying his motions for judgment of acquittal and for a new trial. On appeal, the defendant contends that the indictment under which he was tried was fatally defective; we agree, and we reverse the defendant's conviction.

I.

The defendant is the president of a company...

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