State v. Murray

KAROHL, Judge.

Michael Murray was found guilty of unlawful use of a weapon, a class D felony, in violation of § 571.030.1 RSMo 1986. He contends the trial court should have dismissed the charge because the prosecutor refiled the charge for a second time only after defendant sued the arresting officer. He argues prose-cutorial vindictiveness. Alternatively, he requests a new trial because the trial court failed to instruct the jury on the exception to *493unlawful use of a weapon contained in § 571.030.3 RSMo 1994. We affirm.

On June 4, 1993 a St. Louis County Police officer observed defendant and…