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STATE v. REED

No. 55069.

815 S.W.2d 474 (1991)

STATE of Missouri, Appellant, v. Don Fletcher REED, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

September 10, 1991.

Attorney(s) appearing for the Case

Robert P. McCulloch, Pros. Atty., Michael J. Smith, Asst. Pros. Atty., Clayton, for appellant.

Arthur S. Margulis, David R. Crosby, Margulis & Grant, Clayton, for respondent.

AHRENS, Justice.

The State of Missouri (state) appeals from the dismissal of an indictment charging defendant, Don Fletcher Reed, with stealing $150.00 or more by deceit in violation of § 570.030 RSMo 1986. We affirm.

As a preliminary matter, it is necessary to review the procedural history of the case. The trial court first denied defendant's pre-trial motion to dismiss the indictment, and the case was tried...

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