State v. Henderson

DIXON, Judge.

The State appeals from the circuit court’s order sustaining the defendant’s motion to dismiss a first degree murder charge on double jeopardy grounds. The issue presented is whether a dismissal of a capital murder charge on double jeopardy grounds also bars a trial for first degree murder.

The facts are relatively simple and not contested. The defendant was charged under the capital murder statute, § 565.001, RSMo 1978, repealed by Laws of Mo.1983, p. 922. The charge arose from a felony perpetrated by defendant and a man named Thomas which resulted in the death of Frank George…