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WEAVER v. SCHAAF

No. 58671.

520 S.W.2d 58 (1975)

Charles WEAVER, Jr., Relator, v. George E. SCHAAF, Judge, Division One (Criminal Assignment), Circuit Court of St. Louis County, Respondent.

Supreme Court of Missouri, En Banc.

March 10, 1975.

Attorney(s) appearing for the Case

Timothy A. Braun, Asst. Public Defender, Twenty-First Judicial Circuit, Clayton, for relator.

Gene McNary, Pros. Atty., John A. Newton, Asst. Pros. Atty., Clayton, for respondent.

SEILER, Judge.

This is an original proceeding in prohibition, involving a double jeopardy question. Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435 (1970) held that a municipal ordinance conviction bars a subsequent state prosecution for the same offense. The state seeks to avoid this doctrine on the ground that the municipal conviction in this case was allegedly procured by collusion.

Petitioner, defendant in...

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