State v. Berkwit

KAROHL, Judge.

The state appeals a trial court order sustaining defendant’s motion to quash a search warrant and further ordering the evidence seized in the execution of that warrant suppressed. § 547.200 RSMo Supp.1984. Defendant-respondent has moved to dismiss the appeal for the reasons discussed in this court’s opinion in State v. Holzschuh, 670 S.W.2d 184 (Mo.App.1984), i.e. that the state may not appeal mid-trial rulings.

We reaffirm the conclusion that § 547.200 RSMo Supp.1984 “was not meant to provide the state the right to appeal a mid-trial evidentiary ruling.” Holzschuh, 670 S.W.2d at…