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STATE v. FOSTER

No. 21868.

959 S.W.2d 143 (1998)

STATE of Missouri, Plaintiff-Appellant, v. Harry Don FOSTER, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

January 29, 1998.

Attorney(s) appearing for the Case

Ian D.W. Sutherland, Jackson, for Appellant.

Daniel T. Moore and Paul A. Kidwell, L. Joe Scott and Daniel T. Moore Law Firm, Poplar Bluff, for Respondent.

GARRISON, Presiding Judge.

The trial court sustained a "Motion In Limine" filed by Harry Don Foster ("Defendant") in which he sought to prevent the State from introducing evidence of his alleged refusal to take a chemical breath test ("breath test") at trial on the charge of DWI. The State appeals that decision, claiming the right to do so pursuant to § 547.200.1(2)1, which permits it to appeal from "any order or judgment the substantive...

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