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STATE v. SMITH

No. WD 55358.

988 S.W.2d 71 (1999)

STATE of Missouri, Appellant, v. Patrick Thomas SMITH, Respondent.

Missouri Court of Appeals, Western District.

Decided March 2, 1999.

Attorney(s) appearing for the Case

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for Appellant.

George A. Pickett, Plattsburg, for Respondent.

Before ULRICH, P.J.; SMART and EDWIN H. SMITH, JJ.

SMART, Judge.

The State of Missouri, pursuant to § 547.200.2, RSMo 1994,1 appeals an order of the trial court dismissing a prosecution for felony stealing on the ground that the State's opening statement was deficient. The State contends that the trial court erred in dismissing the action because the State's opening statement was not deficient. The State also contends that, at the very least, the opening statement would support an...

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