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STATE v. MACRI

No. 23468.

487 S.E.2d 891 (1996)

199 W.Va. 696

STATE of West Virginia, Plaintiff Below, Appellant, v. Dennis MACRI, Defendant Below, Appellee, and STATE of West Virginia, Plaintiff Below, Appellant, v. Michael J. GREEN, Defendant Below, Appellee, and STATE of West Virginia, Plaintiff Below, Appellant, v. Gerold W. JAKO, Defendant Below, Appellee, and STATE of West Virginia, Plaintiff Below, Appellant, v. Curtis SMELLEY, Defendant Below, Appellee, and STATE of West Virginia, Plaintiff Below, Appellant, v. Richard A. MITCHELL, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 19, 1996.

Rehearing Refused February 11, 1997.

Attorney(s) appearing for the Case

Melvin W. Kahle, Jr., Prosecuting Attorney Wheeling, for Appellant the State of West Virginia.

Stephen D. Herndon, Wheeling, for Appellee Dennis Macri.

John L. Bremer, Wheeling, for Appellee Michael J. Green.

Don A. Yannerella, Wheeling, for Appellee Curtis Smelley.

Jacob M. Robinson, Wheeling, for Appellees Gerald W. Jako and Richard A. Mitchell.

WORKMAN, Justice:

The plaintiff below and Appellant herein, the State of West Virginia (hereinafter Appellant or State), appeals1 the final orders of the Circuit Court of Ohio County that dismissed the indictments returned by the January 1996 Term of the Ohio County Grand Jury against the defendants below and Appellees herein, Dennis Macri, Michael J. Green, Gerold W. Jako, Curtis Smelley, and...

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