STATE v. DUNCAN

No. 24485.

513 S.E.2d 459 (1998)

204 W.Va. 411

STATE of West Virginia, Appellant, v. Lawrence DUNCAN and Duncan Welding, Inc., Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 18, 1998.


Attorney(s) appearing for the Case

William C. Forbes, Esq., Prosecuting Attorney, Mary Beth Kershner, Esq., Assistant Prosecuting Attorney, Charleston, West Virginia, Attorneys for Appellant.

Timothy A. Bradford, Esq., Zoe Shavers, Esq., Assistant Public Defenders, Charleston, West Virginia, Attorneys for Appellee Lawrence Duncan.


PER CURIAM:

The State of West Virginia ("State") appeals1 an April 23, 1997 order of the Circuit Court of Kanawha County that dismissed indictments against the appellees, Lawrence Duncan and Duncan Welding, Inc. The circuit court dismissed the indictments after the court determined (1) that some of the victims identified in the indictments were not protected by the statutes cited within the indictments; and (2) that the inclusion of improper...

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