STATE EX REL. MARTIN v. BERREY

No. KCD 29641.

560 S.W.2d 54 (1977)

STATE of Missouri ex rel. Ralph MARTIN, Relator, v. Honorable Robert W. BERREY, III, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied December 27, 1977.


Attorney(s) appearing for the Case

Ralph L. Martin, Pros. Atty. for Jackson County, by Robert Frager, Asst. Pros. Atty. for Jackson County, Kansas City, for relator.

Albert Copaken, Sylvia Copaken, Kansas City, for respondent.

Before SWOFFORD, C. J., and SHANGLER, PRITCHARD, DIXON, WASSERSTROM, SOMERVILLE and TURNAGE, JJ.


SHANGLER, Judge.

This proceeding in prohibition seeks to restrain the magistrate from dismissal of an information which charges the defendant with fraudulent use of a credit card for value over $100 in violation of § 561.415, RSMo 1969. The magistrate construed the statute to charge a misdemeanor and determined that dismissal by the State of an earlier proceeding against the defendant under the statute had already put him once in jeopardy for that charge, so...

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