State v. Coleman

REINHARD, Judge.

The state appeals from the trial court’s order dismissing a two count indictment charging defendant with perjury. We reverse and remand.

The principal issue in this appeal is whether defendant would be subjected to double jeopardy were he prosecuted for perjury, § 575.040, RSMo 1986, after being acquitted in the trial wherein he uttered the allegedly perjurious testimony. In defendant’s previous trial he was charged with first degree assault and tampering. From the sparse record before us,1 it appears the state introduced evidence that defendant made oral and written…