State v. Boyd

SIMON, Judge.

The State of Missouri (State) appeals the dismissal of its information in lieu of indictment which it filed against Reginald Boyd (defendant), charging him with trafficking drugs, second degree, pursuant to section 195.223 RSMo 1994 (all further references shall be to RSMo 1994 unless otherwise noted). The State asserts its right to appeal under the authority of section 547.200.2.

On appeal, the State contends that the trial court “erred as a matter of law” in dismissing its information in lieu of indictment because the arrest of defendant was not unlawful in that the arresting…