STATE v. JARVIS

No. 58491.

809 S.W.2d 460 (1991)

STATE of Missouri, Plaintiff/Appellant, v. Donald JARVIS, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

May 21, 1991.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Joan F. Gummels, Asst. Atty. Gen., Jefferson City, Candide C. Cooper, Pros. Atty., Potosi, for plaintiff/appellant.

Daniel Brunson Hollingsworth II, Hillsboro, for defendant/respondent.


GRIMM, Judge.

In this criminal case, defendant Donald Jarvis is charged with second degree assault. Defendant filed a motion to dismiss, alleging double jeopardy, which the trial court sustained. The State appeals, contending defendant was never previously placed in jeopardy. We agree and reverse the dismissal.

Defendant was charged with second degree assault in January 1986. Three months later, an amended information was filed, reducing the charge to misdemeanor...

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