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STATE v. BURNS

No. 81416.

994 S.W.2d 941 (1999)

STATE of Missouri, Appellant, v. Dennis M. BURNS, Respondent.

Supreme Court of Missouri, En Banc.

June 29, 1999.

Attorney(s) appearing for the Case

Hershel D. Shepherd, Dwight K. Scroggins, Jr., St. Joseph, for Appellant.

T. Jefferson Stephens, District Public Defender, Maryville, for Respondent.

JOHN C. HOLSTEIN, Judge.

On September 18, 1997, Dennis Burns ("defendant") was charged by information with the class B felony of delivery of cocaine, in violation of section 195.211, RSMo 1994. The state failed to comply with a pre-trial order to produce a confidential informant who was a material witness in the case for an interview by defense counsel. In response, the trial judge sustained the defendant's motion to dismiss on the morning trial was to commence. The...

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