State v. Smith
Missouri Court of Appeals
1Opinion of the Court
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 action for misdemeanor stealing. The State further contends that retrial of the defendant is not barred by double jeopardy. Because we agree that the trial court…
2Cases cited62 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. JornSupreme Court of the United States · 1971
- Oregon v. KennedySupreme Court of the United States · 1982
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3Cited by15 opinions
- Pierce v. StateSupreme Court of South Carolina · 2000
- State v. NeherSupreme Court of Missouri · 2007
- State v. CreamerMissouri Court of Appeals · 2005
- Woolford v. StateMissouri Court of Appeals · 2001
- State v. HayesMissouri Court of Appeals · 2000
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