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STATE v. MICHAELS

No. 48231.

682 S.W.2d 162 (1984)

STATE of Missouri, Plaintiff-Respondent, v. James Anthony MICHAELS, III, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

November 27, 1984.

Attorney(s) appearing for the Case

John M. Morris, Asst. Atty. Gen., Jefferson City, for defendant-appellant.

Norman S. London, St. Louis, for plaintiff-respondent.

SMITH, Presiding Judge.

Defendant has appealed from the trial court's denial of his motion to dismiss the indictment against him based upon his contention that the indictment violates his right to be free from double jeopardy. The State has filed a motion to dismiss the appeal. That motion is well taken and we grant it.

The right to appeal is given by statute. Evans v. Barham, 184 S.W.2d 424 (Mo.1944) [1-3]. Section 547.070 RSMo 1978 provides that a...

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