State v. Evans

DOWD, Presiding Judge.

The state appeals from the trial court’s order granting defendant’s motion to dismiss the charge of forgery, (§ 570.090 RSMo 1978) based on double jeopardy.

The forgery trial of defendant James 0. Evans, Jr. began on October 25, 1983. After the jury was selected and empaneled, the trial court held its pretrial conference. During the conference the state requested an order prohibiting the defense counsel from referring to a prior forgery charge against the defendant which had been nolle prossed. The court reserved ruling on the state’s request until the pertinent state’s…