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STATE v. ZAIN

No. 26194.

528 S.E.2d 748 (1999)

207 W.Va. 54

STATE of West Virginia, Plaintiff Below, Appellant, v. Fred Salem ZAIN, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided November 5, 1999.

Attorney(s) appearing for the Case

James B. Lees, Jr., Special Prosecutor, Hunt & Lees, L.C., Charleston, West Virginia, Stephen G. Jory, Special Prosecutor, Jory & Smith, Elkins, West Virginia, Attorneys for the Appellant.

Arthur T. Ciccarello, Ciccarello, DelGiudice & La Fon, Charleston, West Virginia, Thomas W. Smith, Charleston, West Virginia, Attorneys for the Appellee.

DAVIS, Justice:

The State of West Virginia appeals an order of the Circuit Court of Kanawha County dismissing an indictment against Fred Salem Zain. The circuit court expressed two grounds for dismissing the indictment: (1) the court concluded that the meaning of the terms "person" and "another," as used to identify victims of the crime of obtaining money and other items of value by false pretenses pursuant to W. Va.Code...

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