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STATE v. SMITH

No. 56431.

776 S.W.2d 912 (1989)

STATE of Missouri, Plaintiff-Appellant, v. Judith Ann SMITH, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

September 19, 1989.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Daryl R. Hylton, Asst. Atty. Gen., Jefferson City, for plaintiff-appellant.

W. Michael Hamilton, Mexico, for defendant-respondent.

PER CURIAM.

The state appeals from a judgment dismissing three charges of forgery. We reverse and remand.

Defendant, in cause no. CR188-80F, was charged with four counts of forgery arising from two checks. Two counts were for making or altering the checks in violation of § 570.090.1(3), RSMo 1986, and two were for using the checks as genuine in violation of § 570.090.1(4), RSMo 1986. The case was tried to a jury which, on January 19, 1989, returned...

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