State Ex Rel. Peach v. Bloom

SIMEONE, Judge.

This is an original writ in prohibition to prohibit the respondent from entering an order denying the relator’s motion to prove a prior conviction in a cause pending in the respondent’s court involving an offense committed prior to January 1, 1979.

The issue in this case is whether the Second Offender Act, § 556.280, RSMo 1969, which was repealed by the new criminal code, RSMo Supp.1977, effective January 1, 1979 is applicable to an offense committed prior to the effective date of the Code when the defendant is tried after such effective date.

The facts are not complex. On June…