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STATE v. HENDERSON

No. WD 36349.

701 S.W.2d 457 (1985)

STATE of Missouri, Appellant, v. Desi Lamont HENDERSON, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 3, 1985.

Application to Transfer Denied January 15, 1986.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Jefferson City, John J. Oldenburg, Jr., Asst. Atty. Gen., for appellant.

Michael Radosevich, Columbia, for respondent.

Before BERREY, DIXON and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied December 3, 1985.

DIXON, Judge.

The State appeals from the circuit court's order sustaining the defendant's motion to dismiss a first degree murder charge on double jeopardy grounds. The issue presented is whether a dismissal of a capital murder charge on double jeopardy grounds also bars a trial for first degree murder.

The facts are relatively simple and not contested. The...

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