State v. Jones

MILLER, Justice:

The State of West Virginia, pursuant to W.Va.Code, 58-5-30, appeals an order of the circuit court granting a motion to dismiss a murder indictment after the first two trials had resulted in mistrials because of deadlocked juries. 1 The court dismissed the indictment on the ground that the defendant, Robert L. Jones, a black male, had been denied equal protection as guaranteed by the Fourteenth Amendment to the United States Constitution. The State argues the trial court applied an incorrect legal standard in ordering dismissal of the indictment and urges reversal of the trial…