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STATE v. REED

No. 55069.

770 S.W.2d 517 (1989)

STATE of Missouri, Plaintiff-Appellant, v. Don Fletcher REED, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

May 23, 1989.

Attorney(s) appearing for the Case

George R. Westfall, Pros. Atty., James E. Baker, Asst. Pros. Atty., Clayton, for plaintiff-appellant.

Arthur S. Margulis, Stephanie J. Kraus, St. Louis, for defendant-respondent.

CRANDALL, Presiding Judge.

The State of Missouri (State) appeals from the dismissal of an indictment charging defendant, Don Fletcher Reed, with stealing $150 or more by deceit. The case was tried to a jury. The trial court declared a mistrial when the jury was unable to reach a verdict. Thereafter, the trial court, on defendant's motion, entered an order purporting to dismiss the indictment. We remand with directions.

The facts1

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