State v. Basham

BARDGETT, Judge.

The question which caused this case to be transferred by the Missouri Court of Appeals, St. Louis district, after opinion, to this court is whether the double jeopardy provisions of United States' Constitution, Fifth Amendment, and Missouri Constitution, art. 1, sec. 19, prevent the retrial of a defendant where an appellate court reverses the initial conviction solely for lack of evidence to support the conviction.

Defendant was charged with perpetrating a confidence game in violation of sec. 561.450, RSMo 1969. A jury found him guilty and set punishment at six months in the…