STATE v. BASHAM

No. 60435.

568 S.W.2d 518 (1978)

STATE of Missouri, Respondent, v. William Ronald BASHAM, Appellant.

Supreme Court of Missouri, En Banc.

July 24, 1978.


Attorney(s) appearing for the Case

Walter D. McQuie, Jr., McQuie & Deiter, Montgomery, for appellant.

John D. Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for respondent.


BARDGETT, Judge.

The question which caused this case to be transferred by the Missouri Court of Appeals, St. Louis district, after opinion, to this court is whether the double jeopardy provisions of United States Constitution, Fifth Amendment, and Missouri Constitution, art. 1, sec. 19, prevent the retrial of a defendant where an appellate court reverses the initial conviction solely for lack of evidence to support the conviction.

Defendant was charged with...

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