STATE v. CLOVER

No. 78672.

924 S.W.2d 853 (1996)

STATE of Missouri, Appellant, v. Leonard CLOVER, Respondent.

Supreme Court of Missouri, En Banc.

June 25, 1996.


Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Joanne E. Joiner, Assistant Attorney General, Jefferson City, Missouri, for Appellant.

Joel J. Schwartz, St. Louis, Missouri, for Respondent.


COVINGTON, Judge.

The state appeals from an order sustaining Leonard Clover's motion for a mistrial with prejudice. Defendant's motion followed a question asked of him by the state on cross-examination. The court of appeals dismissed the appeal by opinion, finding that double jeopardy attached. This Court granted transfer. Reversed and remanded.

The state charged defendant with possession of a controlled substance as a prior and persistent offender. §...

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