State v. Dwyer

KENNEDY, Judge.

The State appeals the trial court’s sus-tention of defendant’s motion in limine, by which the defendant, charged with first degree murder, first degree assault and armed criminal action, sought to exclude from the trial evidence of a prior uncharged assault.

Defendant argues that this court does not have jurisdiction of the state’s appeal, but that jurisdiction is in the Supreme Court. Section 547.200.1(2) allows the State to take an appeal “from any order or judgment the substantive effect of which results in ... suppressing evidence.” Subsection 3, upon which defendant rests…