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STATE v. EVANS

No. 11727.

606 S.W.2d 789 (1980)

STATE of Missouri, Plaintiff-Respondent, v. John EVANS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

October 15, 1980.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Lew A. Kollias, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Douglas B. Kays, Springfield, for defendant-appellant.

GREENE, Judge.

On July 5, 1979, defendant John Evans was jointly charged, along with Edgar E. Simpson, with the crime of burglary in the second degree, pursuant to § 569.170.1 The case against Evans was originally tried before a jury on October 3-4, 1979. The jury was unable to agree on a verdict, and a mistrial was declared. The trial court then set the case against Evans for retrial on December 3, 1979. The record indicates that...

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