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STATE v. COLEMAN

No. 55584.

773 S.W.2d 199 (1989)

STATE of Missouri, Plaintiff-Appellant, v. Macon COLEMAN, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied July 11, 1989.

Application to Transfer Denied August 1, 1989.

Attorney(s) appearing for the Case

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

Michael D. Burton, St. Louis, for defendant-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 11, 1989.

REINHARD, Judge.

The state appeals from the trial court's order dismissing a two count indictment charging defendant with perjury. We reverse and remand.

The principal issue in this appeal is whether defendant would be subjected to double jeopardy were he prosecuted for perjury, § 575.040, RSMo 1986, after being acquitted in the trial wherein he uttered the allegedly perjurious...

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