State v. Morris

SMITH, Presiding Judge.

The state appeals from an order of the trial court dismissing, on double jeopardy grounds, the state’s amended information alleging defendant violated the armed criminal action statute. Sec. 571.015 R.S.Mo. 1986. We affirm.

Defendant was originally charged, in a two count information, with first degree murder and armed criminal action in the killing of his wife. Prior to trial the prosecution moved to sever the counts and following severance proceeded to trial on the murder first degree charge seeking the death penalty. The jury acquitted defendant of first degree…