Section 13.85 Another Prosecution Pending
| Library | Criminal Practice 2012 Supp |
K. (§13.85) Another Prosecution Pending
If two indictments or informations are filed for the same offense, the first one filed is suspended by the filing of the second. Rule 23.10(b). Thus, if the defendant is brought to trial on the first one, the defendant may move to dismiss it. State v. Berry, 298 S.W.2d 429 (Mo. 1957). If the second one is...
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