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STATE v. COX

No. WD 71631.

328 S.W.3d 358 (2010)

STATE of Missouri, Appellant, v. Dallas W. COX, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 21, 2010.

Application for Transfer Denied January 25, 2011.

Attorney(s) appearing for the Case

Terrence M. Messonnier, Esq. , Jefferson City, MO, for appellant.

Eric E. Vernon, Esq. , and Gharles K. Balwin, Esq. , Liberty, MO, for respondent.

Before: MARK D. PFEIFFER, P.J., and VICTOR C. HOWARD and ALOK AHUJA, JJ.

ALOK AHUJA, Judge.

The State of Missouri appeals the circuit court's dismissal of an information charging Respondent Dallas Cox with murder in the second degree, based on the State's pre-trial destruction of evidence which may have had exculpatory value. We reverse the circuit court's dismissal of the information and remand for further proceedings.

Factual Background1

On October 6, 2008, Stephen Akin, a resident...

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