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STATE v. GUTHMAN

619 A.2d 1175 (1993)

STATE of Delaware, Plaintiff and Appellant Below, Appellant, v. Billy J. GUTHMAN, Defendant and Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: February 24, 1993.

Attorney(s) appearing for the Case

Carole E.L. Davis, Deputy Atty. Gen., Dept. of Justice, for plaintiff and appellant below, appellant.

Thomas V. McCoy, Wilmington, for defendant and appellee below, appellee.1

Before VEASEY, C.J., HORSEY and MOORE, JJ.

HORSEY, Justice:

This appeal presents a question of jurisdiction — whether a Justice of the Peace has the power and authority, inherent if not express, to reopen a criminal proceeding on timely application and for good cause shown, following its dismissal, with or without prejudice. The State appeals the Superior Court's affirmance of a Justice of the Peace (hereafter "magistrate") ruling that a magistrate's dismissal...

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